This guide explains the general federal process in plain language. It isn't legal advice. Forms, deadlines and procedures change; always follow the current form instructions and the USCIS Handbook for Employers (M-274), both linked in the sources below. We don't host copies of the form; download it from USCIS.
Who needs a Form I-9
You need one for every person you hire for pay in the United States, whether they're full-time, part-time, seasonal or a family member on payroll, and whether they're a U.S. citizen or not. That includes the dishwasher who starts Saturday and the summer host who will leave in August. You don't complete one for genuine independent contractors, but treating an employee as a contractor to skip paperwork creates other problems.
Restaurants hire often, and that's where mistakes creep in. A busy manager collects papers "later," a new hire works a week before anyone notices, or forms end up in a drawer next to the schedule. A simple routine prevents most of it.
The timeline for each hire
| Step | Who | Deadline |
|---|---|---|
| Section 1: employee information and attestation | New employee | No later than the first day of work for pay |
| Examine documents and complete Section 2 | Employer or authorized representative | Within 3 business days of the first day of work for pay |
| Create an E-Verify case (if you use E-Verify) | Employer | No later than the third business day after the employee starts work for pay |
| Reverification (Supplement B), if needed | Employer | No later than the date the employee's work authorization expires |
"Business days" are the days your business is normally open. If someone starts Monday, Section 2 is due by Thursday.
Section 1: the employee's part
The employee fills in name, address, date of birth and citizenship or immigration status, then signs and dates the form. Social Security number is optional on Form I-9 unless you use E-Verify. If a preparer or translator helps, they complete Supplement A.
Your job is to make sure Section 1 is complete before you finish Section 2. Don't fill it out for the employee and don't tell them which status box to check.
Section 2: checking documents
The employee presents original, unexpired documents of their choice: either one document from List A (which shows both identity and work authorization, such as a U.S. passport or a Permanent Resident Card), or one from List B (identity, such as a driver's license) plus one from List C (work authorization, such as an unrestricted Social Security card or a birth certificate).
You examine the documents in the employee's presence, decide whether they reasonably appear genuine and relate to the person in front of you, and record the document details in Section 2. Then you enter the first day of employment, sign and date.
Things to avoid in this step:
- Asking for specific documents, or for more than the form requires.
- Rejecting a document that looks genuine because of an accent, a name or a guess about someone's status.
- Accepting photocopies (with narrow exceptions, such as a certified copy of a birth certificate). Receipts are allowed only in specific situations described in the instructions.
If you copy documents, which isn't required, do it for every employee, not only some, and keep the copies with the form.
Remote document examination
Since August 2023, employers enrolled in E-Verify and in good standing can use a DHS-authorized alternative procedure to examine documents remotely over a live video call, after the employee sends copies of the documents. If you use it, follow the exact steps in the instructions, check the box in Section 2 that says you used the alternative procedure, keep copies of the documents, and use it consistently across employees at that site. Everyone else must examine documents in person.
Which edition to use
USCIS updates the form from time to time and prints the edition date at the bottom of each page. As of November 2026, the USCIS Form I-9 page lists the edition dated 01/20/25, which expires on 05/31/2027, and the 08/01/23 edition with the same expiration date is also still accepted. Before a new hire, download the form from the official page or check that your payroll or onboarding software uses a current version. Old printed stacks in the office are a common source of outdated forms.
Storing and keeping forms
Keep I-9s separate from personnel files. A single binder or folder for all current I-9s, plus a second one for former employees with a "destroy after" date written on each, works well for a small restaurant. Many payroll and HR services offer electronic I-9s; if you use one, make sure it meets the federal rules for electronic storage and signatures.
Retention rule: keep the form for as long as the person works for you. After they leave, keep it until three years after the hire date or one year after the termination date, whichever is later. Rehiring a former employee within three years of the original form may let you use Supplement B instead of a new form; the instructions explain when.
Reverification
Some employees have work authorization that expires, for example on an Employment Authorization Document. Track those dates and reverify before expiration using Supplement B. Don't reverify U.S. citizens, noncitizen nationals, or lawful permanent residents who presented a Permanent Resident Card, and don't reverify List B identity documents.
A routine that works in a busy restaurant
- Send the form, or a link to it, with the job offer, along with the official list of acceptable documents.
- On the first shift, before the employee clocks in, the manager on duty checks Section 1 is complete and schedules the document check.
- Within three business days, a trained manager examines documents and completes Section 2.
- The form goes in the I-9 binder the same day, not in the office drawer.
- Once a month, compare the binder with payroll. Every person on payroll needs a form; every form for someone who left gets a destroy-after date.
Train two or three managers to do Section 2 correctly, and keep the USCIS instructions and Handbook for Employers bookmarked on the office computer.
Fixing mistakes
If you find an error on an existing form, correct it rather than starting over. Draw a line through the wrong information, write the correct information, and initial and date the change. If a section is missing entirely, complete it now with the current date; don't backdate. A short note explaining what happened, signed and dated, attached to the form helps if anyone reviews it later.
If you find many errors, consider an internal audit of all your forms, and get advice from an immigration or employment attorney on how to handle the results.
Frequently asked questions
Which Form I-9 edition should a restaurant use?
Use the current edition from the USCIS Form I-9 page. As of November 2026, USCIS lists the edition dated 01/20/25, with an expiration date of 05/31/2027, and the 08/01/23 edition with the same 05/31/2027 expiration date is also still acceptable. Check the edition date printed at the bottom of each page before you hire.
When does a new employee have to complete Section 1?
No later than the first day of work for pay. The employee can complete it earlier, any time after accepting the job offer.
When does the employer have to complete Section 2?
Within three business days of the employee's first day of work for pay. For a job that lasts less than three business days, Section 2 must be completed by the end of the first day.
Can I tell a new hire which documents to bring?
No. You can give them the list of acceptable documents, but the employee chooses which ones to present from the lists. Asking for a specific document, or for more documents than required, can be discrimination.
How long do I keep a Form I-9?
For current employees, keep it for as long as they work for you. After someone leaves, keep it for three years after the date of hire or one year after the date employment ended, whichever is later.
Can I use the Spanish Form I-9?
Employers in Puerto Rico may use the Spanish version. Elsewhere, the Spanish version can be used only as a translation to help the employee, and the English form must be completed and kept.
Can I check documents over video?
Only if you're enrolled in E-Verify and in good standing, and you use the DHS-authorized alternative procedure for every employee at that hiring site, or apply it consistently in a way that doesn't discriminate. Otherwise, documents must be examined in person.