I-9 form: what it is and the rules for employers

By the HRPricing editorial teamReviewed October 18, 2026How we research and score

Form I-9 (Employment Eligibility Verification) is the federal form US employers complete for each new hire to confirm the person's identity and right to work in the United States; the employee completes Section 1 by the first day of paid work and the employer completes Section 2 by the third business day (USCIS, checked October 18, 2026). It stays on file; you do not send it to any agency.

Form I-9 is the USCIS form employers use to verify the identity and work authorization of every person they hire for employment in the United States.

On this page
  1. Who completes it and when
  2. Who does not need an I-9
  3. How long to keep it: a worked example
  4. I-9 vs W-4 and other new hire forms

Who completes it and when

  • Section 1, the employee: no later than the first day of work for pay.
  • Section 2, the employer: examines the documents the employee chooses to present and completes the section no later than the third business day after the employee starts work for pay. Someone who starts on a Monday must have Section 2 done by Thursday.

The employee picks which acceptable documents to show. Asking for a specific document goes against that rule. Most onboarding software guides both sides through the form.

Who does not need an I-9

USCIS lists these exceptions: people hired on or before November 6, 1986 who are still in the same job; casual domestic workers paid on a sporadic or irregular basis; independent contractors; workers supplied by a contracting firm such as a temporary agency (the agency completes it); and people not physically working in the United States.

That last exception matters for global hiring. A developer you hire in Mexico through an employer of record does not complete a US I-9; the EOR follows Mexican hiring rules instead. A 1099 contractor does not complete one either.

How long to keep it: a worked example

Keep each form for three years after the date of hire or one year after employment ends, whichever is later (USCIS M-274). Forms for current employees stay on file the whole time they work for you.

  • Hired January 5, 2026 and leaves March 1, 2027: three years after hire is January 5, 2029; one year after leaving is March 1, 2028. Keep it until January 5, 2029.
  • Hired January 5, 2020 and leaves June 30, 2026: three years after hire was January 5, 2023; one year after leaving is June 30, 2027. Keep it until June 30, 2027.

Payroll providers do not always keep I-9s for you after you leave. ADP RUN's terms say I-9 access ends when the service ends, so export them first (see ADP pricing and terms).

I-9 vs W-4 and other new hire forms

The I-9 proves work eligibility. The W-4 sets tax withholding. Separately, states require new hire reporting within 20 days of hire or sooner. Both forms are first-week tasks in hiring your first employee. With a PEO, check the service agreement for who completes and stores the I-9s.

Frequently asked questions

What is an I-9 form?
An I-9 is the USCIS Employment Eligibility Verification form. Every US employer must complete and keep one for each person it hires, to confirm the person's identity and authorization to work in the United States.
When is the I-9 form due?
The employee completes Section 1 no later than the first day of work for pay. The employer completes Section 2 no later than the third business day after the employee starts work for pay, per USCIS. For a Monday start, that is Thursday.
Do you send Form I-9 to the government?
No. The employer keeps the completed I-9 on file and shows it only if a government agency asks to inspect it. Keep it for three years after hire or one year after employment ends, whichever is later.
Do remote employees need a Form I-9?
Employees working in the United States need one even if they are remote. People not physically working in the United States, such as staff hired abroad through an employer of record, are exempt, per USCIS.
Do independent contractors fill out an I-9?
No. USCIS lists independent contractors among the exceptions. Contractors fill out a W-9 for tax reporting instead.
Sources (4)
  1. USCIS: Complete and correct Form I-9 (checked Oct 18, 2026)
  2. USCIS: Handbook for Employers M-274, 10.0 Retaining Form I-9 (checked Oct 18, 2026)
  3. ADP: RUN Powered by ADP terms of service (I-9 access ends on termination) (checked Oct 16, 2026)
  4. US HHS, Administration for Children and Families: New hire reporting (checked Oct 16, 2026)

This page is general information, not tax, legal or accounting advice. Rules and rates change, so check the official source linked above before you file or sign a contract. Read our disclaimer.