What is the I-9 Process?

From recruiting to training to building a strong corporate culture, HR functions in every corner of an organization. But one responsibility stands out for legal and compliance importance: employment eligibility verification.  

Enter the Form I-9 and the process needed to complete it accurately to avoid penalties. 

While it may seem like just another form in the pile of onboarding paperwork, the Form I-9 process has gained heightened importance with the increase in immigration enforcement for this administration. I-9 audits have been rising by drastic numbers, which can cause significant consequences for mistakes, oversights, or even honest errors.  

Whether you’re onboarding a handful of employees or managing thousands across multiple states, understanding this process is critical for maintaining a compliant workforce and protecting your company from fines. 

Let’s break down the I-9 employment verification process step-by-step, so you can confidently build it into your hiring workflow and avoid costly missteps. Here are three key takeaways you’ll learn in this article: 

1. Form I-9 completion requirements for both the new hire and employer 
2. Filing and retention overview 
3. HR tips to stay proactive and compliant 

Step 1: Sending the I-9 Form to a New Hire 

The I-9 process can begin even before your new hire starts working for you. Employers are required to provide the Form I-9 to new employees no later than their first day of work. However, there’s flexibility here, as you can send the form up to 90 days before the employee’s start date. This gives HR teams a head start, which can be especially helpful for remote or large-scale onboarding efforts. 

How you deliver the form is up to you. Hard copy paper forms are allowed, but electronic delivery and completion are often the best route, especially for remote or hybrid teams. More and more HRIS platforms and onboarding systems now offer built-in I-9 functionality that helps with compliance and simplifies the overall experience for both the employer and the employee. 

Keep in mind though, that no matter how you send the form, make sure your process ensures accessibility and security of employee information. It is also important to note that no matter what process you follow, paper, electronic, or third-party, your organization is ultimately responsible for any mistakes that are made on the Form I-9. 

Step 2: Completing Section 1 of the Form I-9 

Once your new hire has the form, it’s time for them to complete Section 1. This part requires the employee to fill in their personal details, such as their name, date of birth, address, Social Security number (if applicable), and immigration or citizenship status. They also need to sign and date the form, attesting under penalty of perjury, that the information is accurate and that they are authorized to work in the U.S. 

Timing is critical for this step. Section 1 must be completed on or before the employee’s first day of work. This is a requirement under the law and is non-negotiable. HR should guide employees through this part of the process, especially those who are new to the workforce or unfamiliar with U.S. employment regulations. 

If you're using an electronic system, be sure it's compliant with Department of Homeland Security (DHS) requirements. This includes proper electronic signatures and secure document storage. 

Steps 3 and 4: Completing Section 2 of the Form I-9 and Reviewing Documentation 

This is where the employer's role becomes more hands-on. Within three business days of the employee’s start date, you must complete Section 2 of Form I-9 which involves examining the original documents the employee presents to establish their identity and authorization to work in the U.S. 

These documents can be inspected in person or remotely if you meet certain requirements. As of August 2023, employers can verify employees’ documents and complete Section 2 remotely if they are enrolled in E-Verify.  

You can also use an I-9 authorized representative (such as a notary, third-party vendor, or even a trained supervisor in another office) to complete the document review on your behalf. Just be sure that they’re trained and understand how to fill out Section 2 properly, as the employer is still liable for any mistakes their I-9 authorized rep makes. 

This section also requires the employer (or authorized representative) to record the document title, issuing authority, document number, and expiration date (if applicable). They’ll then sign and date the form, certifying that the documents appear to be genuine and relate to the individual presenting them. 

The timeframe to complete Section 2 is also a requirement under the law and is non-negotiable. 

Understanding acceptable documentation is a key piece of I-9 compliance. The Form I-9 provides three lists: 

• List A: Documents that establish both identity and employment authorization (e.g., U.S. Passport, Permanent Resident Card). 
• List B: Documents that establish identity only (e.g., Driver’s License, state-issued ID). 
• List C: Documents that establish employment authorization only (e.g., Social Security Card, Birth Certificate). 

Employees must provide either one document from List A or a combination of one from List B and one from List C. These documents must be original as photocopies are not permitted (except for certified copies of birth certificates). Employers cannot suggest or influence which documents the new hire should present. This is solely the new hire’s decision. 

Section 2 and the review of documents go hand in hand. Many HR teams choose to perform the document examination and complete Section 2 in the same sitting to minimize errors and confirm that everything is handled within the three-day deadline. 

Step 5: Electronic Filing and Retention Requirements 

Once the Form I-9 is complete, your job isn’t over. You now need to store it securely and separately from the employee's general personnel file. 

Employers can choose to store forms in a paper or electronic format. Electronic storage offers significant advantages, including ease of retrieval, space savings, and audit readiness. Just make sure your system meets federal standards for data integrity, security, and accessibility. 

As for retention, you must keep a Form I-9 on file for all current employees hired for employment after Nov. 6, 1986 in the U.S., as long as the person works for pay or other type of payment. In the Commonwealth of the Northern Mariana Islands (CNMI), employers have had to complete Form I-9 CNMI for every employee hired for employment in the CNMI from Nov. 28, 2009 to Nov. 27, 2011. The standard Form I-9 must be used for employees hired on or after Nov. 28, 2011.There are strict retention requirements for terminated employees. Form I-9s must be kept for at least three years after the employee’s date of hire or one year after their employment ends, whichever is later. After that, you’re free to securely dispose of it. 

Keep in mind that in the event of an ICE audit or government inspection, you’ll need to produce your I-9 records within three business days of receiving a Notice of Inspection (NOI). Don’t wait until you’re under pressure to get organized. An extension can be requested, but they’re not always granted, so assume you’ll only have three business days to produce whatever ICE is asking for as part of an audit. You can also stay prepared by conducting internal Form I-9 audits. Follow our checklist for helpful tips.