Every U.S. employer completes Form I-9 for every new hire, every time. The form hasn't changed dramatically since USCIS last revised it in August 2023, but enforcement has. ICE worksite enforcement actions climbed significantly in 2025 and 2026 under new federal priorities, and I-9 audits have become a routine part of employer compliance work rather than an occasional event. Getting I-9 completion right, and maintaining records that survive an audit, is no longer a background compliance task for most employers. It's a foundational piece of onboarding that warrants careful process design.
How Form I-9 Gets Completed Section 1 of the form is the employee's work. The employee provides name, address, Social Security number (optional unless E-Verify is used), citizenship status, and signature. Section 1 must be completed no later than the employee's first day of work.
Section 2 is the employer's responsibility. Within three business days of the start date, the employer examines the employee's original identity and work authorization documents, records the document details, and signs to attest the documents appear genuine and relate to the employee. The employee chooses from lists of acceptable documents (List A establishes both identity and work authorization; Lists B and C establish identity and work authorization separately).
Remote and Hybrid Work Verification The USCIS alternative procedure for remote document examination became permanent in August 2023 for employers enrolled in E-Verify and in good standing. Under the alternative, the employer can examine documents via video conference instead of in person. Employers not using E-Verify must still examine original documents in person.
The in-person requirement is the most common I-9 error in 2026. Remote hires at non-E-Verify employers must still present original documents to someone physically present with them (often a notary, bank employee, or designated third-party reviewer). Skipping this step creates an immediate compliance failure that's easy for auditors to spot.
What Counts as an Acceptable Document? The form includes three lists. List A documents establish both identity and work authorization (U.S. passport, permanent resident card, foreign passport with I-551 stamp, employment authorization document). List B documents establish identity (driver's license, school ID with photo, voter registration card). List C documents establish work authorization (Social Security card, birth certificate, Native American tribal document). The employee chooses either one List A document or a combination of List B + List C.
I-9 Retention and Audit Readiness Completed I-9s must be retained for three years after the date of hire or one year after termination, whichever is later. Storage can be paper or electronic (electronic requires systems that meet specific USCIS standards for integrity, access, and audit trails). Most modern HRIS platforms handle this automatically.
In an ICE audit, the employer receives a Notice of Inspection and has three business days to produce requested I-9s. Audit prep means having I-9s organized and immediately retrievable, with copies of supporting documents where retained. Fines for I-9 violations in 2026 range from approximately $285 to $2,861 per form for first offenses; willful violations carry higher fines and can include criminal penalties.
Building an I-9 Process That Holds Up Five operational rules keep I-9 compliance clean. Complete Section 1 on day one, no exceptions. Complete Section 2 within three business days, with a backup reviewer designated for remote hires. Use the E-Verify alternative procedure only if the employer is enrolled and in good standing. Run quarterly self-audits to catch errors before ICE does. And integrate I-9 completion tightly with onboarding workflows so nothing gets missed.
USCIS publishes the current Form I-9, instructions, and the Employer Handbook (M-274) at uscis.gov/i-9 . The Department of Homeland Security runs E-Verify enrollment at e-verify.gov . For related concepts, see onboarding , compliance , and employee handbook .
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