Everything You Need to Know About Form I-9 (But Were Afraid to Ask) 

One of the most overlooked yet crucial compliance documents in the employee hiring process is the Form I-9. After talking with many small business owners and nonprofit leaders, I've found that most aren't even sure what it is, let alone when to collect it, how to store it, or when to discard it. So, let’s break it down together.

 What is the I-9 Form?

The I-9, officially called the Employment Eligibility Verification form, is a required federal form that proves an employee is authorized to work in the United States. All employers—yes, even you with just one employee—must complete it.

You can download the latest version directly from the official USCIS website: Download Form I-9 from USCIS.gov

When Do You Collect It?

You're required to:

• Have the employee complete Section 1 no later than their first day of employment, but not before an offer is made and accepted.

• You must complete Section 2 within 3 business days of the employee’s start date by reviewing their documents in person.
  That’s right—3 days. No exceptions.

How Do You Store It?

This is where a lot of employers go wrong. You have two options:

1. Paper: Store completed I-9s in a separate file—not in the employee’s personnel file.

2. Digital: That’s fine too, but it must be secure, backed up, and accessible.

Note: Employers must be able to present I-9s within 3 business days of a request from the Department of Homeland Security, Department of Labor, or the Department of Justice.

When Can You Get Rid of It?

You have to keep the form for:

• 3 years after the hire date OR

• 1 year after the termination date — whichever is later.

Why It Matters

Failing to complete, retain, or properly store I-9s can lead to steep fines—even if the mistake was unintentional. ICE audits happen more often than you think, and small businesses are not exempt.

Quick I-9 Checklist:

• Section 1 completed on or before Day 1 (after job offer)

• Section 2 completed within 3 business days

• Store I-9s separately from personnel files

• Set a calendar reminder to track retention timelines

• Be ready to present forms within 3 business days of a request

 What If You Never Collected the I-9 or It’s Missing?

If you discover that an I-9 was never completed or has gone missing, don’t panic—but don’t ignore it either. Here's how to fix it properly:

 If You Never Collected It:

1. Do NOT backdate the form.

2. Have the employee complete Section 1 with today’s actual date.

3. You complete Section 2 after reviewing their documents in person—again, using today’s date.

4. Document the reason for the delay in the “Additional Information” section: 

“Form I-9 completed on [date] during internal audit; original form was not on file.”

 If You Had It but It’s Missing:

1. Complete a new I-9 as if starting from scratch.

2. Add a note: “Original Form I-9 completed on [original date] could not be located; new form completed on [today’s date].”

Treat all affected employees the same way and consider doing an internal I-9 audit to prevent future compliance issues.