When must an employer complete Form I-9 for a new hire? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.
Details / How it works
Section 1 — Employee Information and Verification: The employee must complete and sign Section 1 at the time of hire, using a handwritten or electronic signature in accordance with 8 CFR 274a.2(h). If the employee needs assistance, a preparer or translator may help and must complete the Preparer/Translator Certification.
Section 2 — Employer Review and Verification: The employer must physically examine the employee's documents and complete Section 2 within three business days of the hire, signing the attestation with a handwritten or electronic signature per 8 CFR 274a.2(i).
Hires under three business days: The employer must comply at the time of hire and may not accept a receipt in lieu of the required document.
Numbers & thresholds
| Requirement | Deadline | Authority |
|---|---|---|
| Section 1 completed by employee | At time of hire | 8 CFR 274a.2(b)(1)(i)(A) |
| Section 2 completed by employer | Within 3 business days of hire | 8 CFR 274a.2(b)(1)(ii)(B) |
| Physical document examination by employer | Within 3 business days of hire | 8 CFR 274a.2(b)(1)(ii)(A) |
| Hires lasting < 3 business days | At time of hire | 8 CFR 274a.2(b)(1)(iii) |
Exceptions & edge cases
- Minors under 18 unable to produce identity documents: A parent or legal guardian may complete Section 1, write "minor under age 18" in the signature space, and complete the Preparer/Translator Certification per 8 CFR 274a.2(b)(1)(v)(B)(3).
- Receipts: An employer may accept a receipt for a replacement document if presented within the required time and the replacement is presented within 90 days of hire (or reverification date), per 8 CFR 274a.2(b)(1)(vi).
- Reverification: When employment authorization expires, the employer must reverify on Form I-9 by the expiration date, per 8 CFR 274a.2(b)(1)(vii).
Sources
- [1]U.S. Government Publishing Office / Department of Homeland Security — 8 CFR 274a.2 — Verification of identity and employment authorization (Form I-9) · as of 2026-08-27
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