---
title: "When must an employer complete Form I-9 for a new hire? Answer in under 100 words. Cite only eCFR (www.ecfr.gov) sources."
canonical: https://www.m-i-n-d.ai/minds/i9-everify/when-employer-completes-form-i9
jurisdiction: "US Federal"
last_verified: 2026-08-27
license: CC BY 4.0 — https://creativecommons.org/licenses/by/4.0/
attribution: "Source: MIND (m-i-n-d.ai)"
---

# 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.

## 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) · https://www.ecfr.gov/current/title-8/section-274a.2 · as of 2026-08-27
