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When must an employer complete Form I-9 for a new hire? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources.

Under 8 CFR 274a.2(b)(1)(ii), an employer must complete Section 2 of Form I-9 within three business days of the date of hire, after physically examining the employee's identity and employment authorization documents. Section 1 must be completed by the employee at the time of hire, per 8 CFR 274a.2(b)(1)(i)(A). For hires lasting less than three business days, both sections must be completed at the time of hire.
Last verified: 2026-08-27 · Sources checked: 1/1 resolving · Next scheduled review: 2026-11-25

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. [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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