Who completes what, and when
- Section 1 (employee): at the time of hire, meaning no later than the first day of work for pay.
- Section 2 (employer): the employer examines the employee's documents and completes Section 2 within 3 business days of the hire.
Trap: giving the employee 3 days for Section 1. The 3-business-day window belongs to the employer and Section 2 only.
Business days, not calendar days
The Section 2 deadline is counted in business days (8 CFR 274a.2). Counting 3 calendar days is the common error and miscounts across weekends. It runs from the hire, not the first paycheck or the employee's work schedule.
Jobs shorter than 3 business days
When employment will last less than three business days, 8 CFR 274a.2 speeds the process up rather than removing it:
- Sections 1 and 2 are both completed at the time of hire.
- The employer may not accept a receipt for a document.
A 2-business-day job still needs a Form I-9.
How long to keep it
Keep the Form I-9 for 3 years after the date of hire or 1 year after employment ends, whichever is later (8 CFR 274a.2). Compute both dates and keep the later one.
- Hired April 2022, quit August 2022: 3 years after hire is April 2025; 1 year after termination is August 2023. Keep until April 2025.
- Hired March 2019, left September 2024: March 2022 versus September 2025. Keep until September 2025.
Traps: choosing the earlier date, or adding 3 years to the termination date.
Producing it for inspection
Forms I-9 must be presented within 3 business days of an inspection request from DHS, DOJ IER or DOL officers (8 CFR 274a.2; USCIS M-274 section 10.0).