Form I-9 compliance is a mandatory component of workforce compliance for nearly every U.S. employer. Employers must verify the identity and employment authorization of each person hired for employment in the United States, including U.S. citizens and foreign nationals.
A work visa for foreign employees does not replace Form I-9. The visa, immigration status, or employment authorization document may support the verification process, but the employer must still complete and retain Form I-9 according to federal requirements.
This guide summarizes the principal I-9 compliance requirements in effect as of September 2026. It is general information and does not replace individualized advice from an immigration lawyer.
The Current Form I-9 Edition in 2026
USCIS currently identifies the 01/20/2025 edition of Form I-9 as the applicable form. The form displays an expiration date of 05/31/2027.
Employers should confirm that:
- New hires complete the current form edition.
- Electronic I-9 systems use the correct form version.
- Any system previously using the 08/01/2023 edition was updated by July 31, 2026.
- All pages belong to the same form edition.
- Employees receive access to the current Form I-9 instructions.
Employers do not file Form I-9 with USCIS or U.S. Immigration and Customs Enforcement. The employer retains the form and produces it if authorized government officials request an inspection.
Who Must Complete Form I-9?
Most U.S. employers must complete Form I-9 for every individual hired for employment in the United States after November 6, 1986. This obligation generally applies regardless of the employee’s:
- Citizenship;
- Immigration status;
- National origin;
- Job title;
- Full-time or part-time classification; or
- Use of an employment-based work visa.
The employee completes Section 1. The employer or an authorized representative completes Section 2.
Required completion deadlines
The deadlines are strict:
- Section 1: The employee must complete Section 1 on or before the first day of work for pay.
- Section 2: The employer or authorized representative must complete Section 2 within three business days after the employee’s first day of employment.
- Supplement A: The employer retains Supplement A when a preparer or translator assists the employee with Section 1.
- Supplement B: The employer uses Supplement B for applicable reverification and rehire situations.
Late completion creates compliance risk even when the employee is authorized to work.
Document Examination Requirements
The employee must present either:
- One document from List A, establishing identity and employment authorization; or
- One document from List B, establishing identity, and one document from List C, establishing employment authorization.
The employer must examine the documents and determine whether they reasonably appear to be genuine and relate to the individual presenting them. The employer records the required document information in Section 2.
Employers must not demand a particular document. An employer cannot require a foreign national to present a green card, a U.S. passport, or a specific work visa when the employee presents another acceptable combination from the Lists of Acceptable Documents.
Employers should also avoid excessive examination. The Form I-9 process does not authorize an employer to investigate an employee’s immigration history beyond the requirements of the form and applicable law.
Remote Document Examination Under the DHS Alternative Procedure
DHS permits certain employers to use an alternative procedure for remote document examination. Remote onboarding by itself does not authorize remote I-9 verification.
An employer generally must:
- Be enrolled in E-Verify;
- Be in good standing with E-Verify;
- Have E-Verify participation covering the applicable hiring site; and
- Follow all current DHS requirements for the alternative procedure.
When using the authorized procedure, the employer must generally:
- Obtain copies of the documents presented by the employee, including both sides when applicable.
- Conduct a live video interaction with the employee.
- Compare the employee with the documents.
- Record the document information accurately on Form I-9.
- Mark the applicable alternative-procedure field on the form.
- Retain the required copies and supporting records.
Employers must apply the procedure consistently to similarly situated employees at the relevant hiring site. Selective use can create both I-9 compliance and discrimination concerns.
An employer that uses remote examination without satisfying the applicable conditions may face a substantive violation. The employer remains responsible for its process even when a third-party HR or onboarding vendor performs the work.
E-Verify Considerations
E-Verify compares information from Form I-9 with records maintained by the Department of Homeland Security and the Social Security Administration. E-Verify does not replace Form I-9. The employer must complete Form I-9 before creating the E-Verify case.
Participating employers must generally create a case no later than the third business day after the employee begins work for pay. Employers must follow the terms of their E-Verify agreement and any applicable federal, state, or contractual requirements.
E-Verify may return results such as:
- Employment Authorized;
- E-Verify Needs More Time;
- Tentative Nonconfirmation or mismatch;
- Case in Continuance;
- Close Case and Resubmit; or
- Final Nonconfirmation.
A tentative nonconfirmation is not a final finding that the employee lacks work authorization. The employer must notify the employee and provide the opportunity to take the required action. The employer must not terminate, suspend, delay pay, or otherwise take adverse action solely because of a pending mismatch.
Participation in E-Verify may also create additional recordkeeping, training, and compliance responsibilities. Employers should review the E-Verify verification process and maintain written procedures for handling case results.
Reverification and Rehire Procedures
Employers must reverify employment authorization when required for employees whose temporary employment authorization is expiring. Employers generally do not reverify U.S. citizens or lawful permanent residents based solely on an expiring identity document or Permanent Resident Card.
The employer records reverification information in Supplement B before the prior employment authorization expires. Category-specific automatic extensions and government notices require careful review. HR personnel should not rely on an expiration date alone without evaluating the applicable USCIS rules.
For a rehire within three years of the date the original Form I-9 was completed, the employer may generally use Supplement B if the original form remains valid and the employee’s circumstances permit that procedure. A rehire after three years generally requires a new Form I-9.
A work visa for foreign employees may involve separate petition, admission, status, or employment-authority requirements. HR personnel should coordinate Form I-9 reverification with immigration counsel when the employee holds temporary status such as H-1B, L-1, O-1, E-2, TN, or another employment-based classification.
Correcting Form I-9 Errors
Employers should correct errors promptly when identified through an internal review. Corrections must preserve the integrity of the original record.
General correction practices include:
- The employee corrects Section 1 errors.
- The employer or authorized representative corrects Section 2 and Supplement B errors.
- The person making the correction initials and dates the change.
- The employer does not use white-out, erase entries, or conceal the original information.
- The employer does not backdate a correction.
- The employer prepares a written explanation when the correction or late completion requires additional context.
If a form is missing, the employer should complete a new Form I-9 as soon as possible and document why the form was completed late. Employers should obtain legal guidance before recreating historical records or making extensive corrections.
Retention and Secure Storage
Employers must retain each Form I-9 for the later of:
- Three years after the employee’s date of hire; or
- One year after the employee’s employment ends.
Employers must be able to produce forms for inspection by authorized officials from DHS, the Department of Labor, or the Department of Justice.
Electronic systems should provide:
- A reliable audit trail;
- Compliant electronic signatures;
- Secure access controls;
- Legible reproduction;
- Data integrity protections;
- Proper indexing; and
- Documented retention and destruction procedures.
Employers should purge forms that are outside the retention period and document the destruction. Keeping unnecessary records increases storage obligations and may increase exposure during an inspection.
Internal Audits and Common Employer Risks
An internal I-9 audit is a workforce compliance best practice. Federal law does not require every employer to conduct an annual audit, but regular reviews help identify errors before an inspection.
An audit should evaluate:
- Missing Forms I-9;
- Late Section 1 or Section 2 completion;
- Missing signatures or dates;
- Incomplete document information;
- Incorrect form editions;
- Improper remote examination;
- Failure to complete reverification;
- Deficient E-Verify case handling;
- Inconsistent document-copy policies; and
- Electronic system audit trails.
In 2026, ICE has emphasized that certain omissions may be treated as substantive violations. Employers should review current ICE inspection guidance and the firm’s analysis of expanded Form I-9 violations in 2026.
Anti-Discrimination Requirements
The Immigration and Nationality Act prohibits discrimination based on citizenship status and national origin in hiring, firing, recruitment, or referral for a fee. It also prohibits unfair documentary practices, retaliation, and intimidation.
Employers must:
- Apply the same verification standards to similarly situated employees.
- Accept valid documents selected by the employee.
- Avoid unnecessary immigration-status inquiries.
- Avoid specifying documents during recruitment or onboarding.
- Handle E-Verify mismatches according to required procedures.
- Train HR staff and managers on document abuse and discriminatory practices.
The Department of Justice Immigrant and Employee Rights Section provides employer resources and information regarding these obligations.
Protect Your Employer’s I-9 Compliance Program
Form I-9 compliance is not limited to completing a form during onboarding. It requires coordinated procedures for document examination, remote verification, E-Verify, reverification, corrections, retention, anti-discrimination, and internal audits.
Employers that hire foreign talent should integrate I-9 procedures with their broader immigration program. Blasingame Law LLC provides individualized business immigration and workforce compliance guidance, including Form I-9 audits, HR training, work authorization procedures, and support involving a work visa for foreign employees.
Contact Blasingame Law LLC or schedule a consultation to evaluate your organization’s I-9 procedures and develop a compliance plan tailored to your workforce.
