I-9 and work authorization
I-9 mistakes are strict-liability paperwork violations that scale into six-figure fines. Ask HR AI walks you through timely completion, acceptable documents, remote verification under the DHS alternative procedure, and the anti-discrimination rules enforced by the DOJ IER.
What Ask HR AI covers
- Section 1 and Section 2 timing rules (Day 1 and Day 3)
- Acceptable documents from Lists A, B, and C — and what you cannot demand
- Remote verification under the DHS alternative procedure (E-Verify employers)
- Re-verification, reverification tracking, and purging
- Responding to a Notice of Inspection
"Our new hire is fully remote in Texas — can we complete their I-9 by video?"
Ask this in Ask HR AIHow to complete Form I-9 correctly for a new hire
- Step 1 — Have the employee complete Section 1 by Day 1. Section 1 must be completed no later than the first day of employment for pay.
- Step 2 — Complete Section 2 within 3 business days. Physically or remotely examine the employee-chosen documents and record them in Section 2.
- Step 3 — Do not demand specific documents. The employee chooses from the Lists of Acceptable Documents; demanding specific ones is document abuse.
- Step 4 — Store and re-verify on schedule. Track expiration dates for List A/C documents that require re-verification, and separate I-9s from personnel files.
- Step 5 — Purge on the correct date. Retain 3 years after hire or 1 year after separation, whichever is later, then destroy.
Frequently asked questions
When must the I-9 be completed?
The employee must complete Section 1 no later than their first day of employment for pay. The employer must complete Section 2 within three business days of the first day of employment for pay.
Can I ask a new hire for a specific document?
No. Document abuse is a violation enforced by the DOJ Immigrant and Employee Rights Section. The employee chooses which acceptable documents from the Lists of Acceptable Documents to present.
Can I complete I-9s remotely?
Yes, if the employer is enrolled in E-Verify in good standing and follows the DHS alternative procedure — including live video examination of the documents and retaining copies. Otherwise, physical examination by an authorized representative is required.
How long do I have to keep I-9s?
Three years after the date of hire, or one year after the date employment ended — whichever is later.
Related Ask HR AI topics
- FCRA adverse action — The two-step FCRA adverse action process: pre-adverse notice with a copy of the report and Summary of Rights, a reasonable waiting period, and the final adverse action notice.
- Retaliation claims — The most common EEOC charge — how to identify protected activity, avoid materially adverse actions, and document non-retaliatory decisions.
- Independent contractor classification — The federal DOL economic-reality test, the IRS common-law test, and state ABC tests (CA AB 5, MA, NJ) for 1099 vs W-2 classification.
- Employee handbook essentials — Handbook policies that reduce risk in every state — from at-will disclaimers to social media, remote work, and NLRA-compliant conduct rules.
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Keep going on SafestHires
- All HR resources — calculators, templates, and the full Ask HR AI hub.
- Compliance checklist — the end-to-end FCRA, ban-the-box, and adverse action workflow.
- Read the related SafestHires article →
Ask HR AI is not legal advice. Confirm any final answers or suggested actions with your employment legal counsel before acting on them.