Form I-9 has two deadlines, one for the employee and one for the employer.
The employee completes Section 1 no later than the first day of work, and the employer completes Section 2 within three business days of the start date.
The basics for employers.
A plain-English summary. This is general information, not legal advice, and the rules change, so check the current text.
Section 1
The employee completes the attestation no later than the first day of employment, and the employer should not require documents before the offer is accepted.
Section 2
The employer examines the employee’s documents and completes Section 2 within three business days of the first day of work (8 CFR 274a.2(b)(1)(ii)).
Short Jobs
If employment will last fewer than three business days, Section 2 must be completed at the time of hire.
How it plays out.
The three business days count from the first day of work, not from the day the employee is offered the job. Missing the deadline is a paperwork violation, even if the documents are valid.
Use the current edition of the form and its instructions from U.S. Citizenship and Immigration Services. An outdated edition is a frequent finding.
Employers who qualify may use an alternative procedure to examine documents remotely. Check the current rules before relying on it.
Where this shows up in your plan.
Onboarding is when benefit enrollment also starts. Put the Form I-9 deadline and the enrollment deadline on one checklist.
Document timing does not decide benefit eligibility. The waiting period in the plan document does.
A single onboarding meeting that covers Form I-9, enrollment and notices reduces missed steps.
Setting it up.
Use the Current Form. Download the current edition from USCIS.
Schedule Day One. Collect Section 1 on the first day.
Track the Third Day. Calendar the Section 2 deadline.
Train the Examiner. Make sure the person reviewing documents knows the rules.
Mistakes to avoid.
Counting from the Offer. The days run from the first day of work.
Using an Old Form. Always use the current edition.
Skipping Short Jobs. Short-term hires still need the form.
Laws and Rules Referenced
Verification of employment eligibility, 8 CFR 274a.2 — Timing and completion rules.
USCIS, Form I-9 — The current form and instructions.
Employment eligibility, 8 U.S.C. 1324a — The statute.
Quick answers.
Short answers to what employers ask most. This is general information, not legal or tax advice.
When must Section 1 be done?
No later than the first day of work.
When must Section 2 be done?
Within three business days of the first day of work.
What about very short jobs?
Complete Section 2 at the time of hire.
Where do we get the form?
From USCIS at uscis.gov/i-9.
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