I-9 verification takes about three business days from a new hire’s start date. The employee must complete Section 1 on or before their first day of work for pay, and you as the employer must finish Section 2 within three business days of that start date.1eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization If you also run the hire through E-Verify, most cases return an “Employment Authorized” result within seconds of submission, though a mismatch can extend things by a couple of weeks.2E-Verify. Tentative Nonconfirmations (Mismatches)
Section 1: The First-Day Deadline for Employees
Every new hire must complete Section 1 no later than their first day of work for pay. In this section, the employee provides their name, address, date of birth, and Social Security number, then indicates whether they are a U.S. citizen, a noncitizen national, a lawful permanent resident, or a noncitizen authorized to work temporarily.1eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization
Employees may complete Section 1 before their first day, but only after a job offer has been extended and accepted.3U.S. Citizenship and Immigration Services. 2.0 Who Must Complete Form I-9 Many employers fold Section 1 into their pre-boarding paperwork so that day one starts with this step already done. A translator or preparer can help an employee fill out the form, but the employee still signs.
Section 2: The Employer’s Three Business Days
Once the employee has completed Section 1, you have three business days from their start date to finish Section 2.4U.S. Citizenship and Immigration Services. 4.0 Completing Section 2 – Employer Review and Verification This step involves physically examining the employee’s original documents, confirming they reasonably appear genuine, and recording the details on the form. The clock runs in business days, not 72 hours. An employee who starts on Monday must have Section 2 completed by end of Thursday.5U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification
There is one exception. If a job will last fewer than three business days, Section 2 must be completed on the employee’s first day of work, because the ordinary window would outlast the employment itself.5U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification
The employee, not you, chooses which documents to present. They may show one document from List A, which proves both identity and work authorization, or a combination of one List B document (identity) and one List C document (work authorization).1eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization A U.S. passport or permanent resident card falls in List A. A driver’s license is a typical List B document, and an unrestricted Social Security card or birth certificate is a typical List C item. Documents must be unexpired originals. Photocopies are not acceptable for the initial in-person examination.
When an Employee Can’t Produce a Document in Time
If the employee doesn’t have a required document within the three business days, they can present a receipt instead. A receipt extends the timeline but does not replace the document permanently.
- A receipt for a lost, stolen, or damaged document is valid for 90 days, after which the employee must show the actual replacement.6U.S. Citizenship and Immigration Services. Acceptable Receipts
- The departure portion of Form I-94 with an unexpired refugee admission stamp is also valid for 90 days. After that, the employee must present an employment authorization document or a List B document paired with an unrestricted Social Security card.6U.S. Citizenship and Immigration Services. Acceptable Receipts
- The arrival portion of Form I-94 with a temporary I-551 stamp and photo is valid until the stamp’s expiration date, or one year from admission if no date is listed. The permanent resident card must follow.6U.S. Citizenship and Immigration Services. Acceptable Receipts
Receipts are not available for jobs lasting fewer than three business days.6U.S. Citizenship and Immigration Services. Acceptable Receipts
How Long E-Verify Adds to the Process
E-Verify is a web-based system that checks I-9 data against Department of Homeland Security and Social Security Administration records. It’s required for federal contractors and certain employers in some states; most other employers use it voluntarily.7E-Verify. Federal Contractors After Section 2 is done, you must create the E-Verify case no later than the third business day after the employee’s first day of paid work.8E-Verify. 2.2 Create a Case
The typical case comes back “Employment Authorized” in seconds. When the system can’t immediately confirm eligibility, it issues a Tentative Nonconfirmation, now called a “mismatch.” The employee then has eight federal government working days to contact DHS or visit a Social Security Administration field office to start resolving the discrepancy.2E-Verify. Tentative Nonconfirmations (Mismatches) While that window is running, you cannot fire, suspend, delay training, reduce pay, or take any other adverse action against the employee based on the mismatch.
A case ends in a Final Nonconfirmation when E-Verify still can’t verify eligibility after the mismatch process runs its course, when the employee doesn’t contact the relevant agency within the eight-day window, or when the employee doesn’t tell you whether they intend to act within ten federal government working days of the mismatch result.9E-Verify. 3.6 Final Nonconfirmation At that point, you close the E-Verify case and may terminate employment without civil or criminal liability tied to the E-Verify process.
In practical terms, a clean E-Verify submission adds essentially no time to verification. A mismatch adds roughly two to three weeks of calendar time before you have a final result.
Reverification: A Second Deadline Later On
Verification isn’t always a one-time event. When an employee’s work authorization has an expiration date, you must reverify their eligibility no later than the date it expires.1eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization Reverification means completing Section 3 (Supplement B on the current form) with a new document showing continued authorization.
Not every expiring document triggers reverification. The rule attaches to work authorization, not to the document. U.S. citizens and lawful permanent residents have ongoing authorization that doesn’t expire, so an expired passport or permanent resident card doesn’t call for reverification. Employees on temporary work visas and those with time-limited employment authorization documents do need to be reverified before their authorization lapses. A tracking system that flags expiration dates 90 days in advance helps you meet the deadline without a scramble.
What Missing the Deadlines Costs
Late or incomplete verification carries real penalties. Federal fines are adjusted for inflation each year. Current ranges include:10Federal Register. Civil Monetary Penalty Adjustments for Inflation
- Paperwork violations, which include incomplete forms, missing signatures, and late completion: $288 to $2,861 per form.
- Knowingly hiring or continuing to employ an unauthorized worker, first offense: $716 to $5,724 per worker.
- Knowingly hiring, second offense: $5,724 to $14,308 per worker.
When DHS sets the fine amount, it weighs the size of the business, prior violations, the seriousness of the error, whether the affected worker was actually unauthorized, and whether the employer acted in good faith.11U.S. Citizenship and Immigration Services. 11.8 Penalties for Prohibited Practices If a pattern or practice of knowingly employing unauthorized workers is established, the government can also seek a court injunction against the business.
The short version: build your onboarding around Section 1 on day one, Section 2 (and any E-Verify submission) by the third business day, and a calendar reminder set well before any expiring work authorization. Do those three things and the timeline takes care of itself.