Form I-9 and E-Verify: Completing, Keeping and Reverifying It
Every employer in the US has to complete a Form I-9 for each new employee, citizen or not. Filling it in takes a few minutes. Keeping it for the right length of time, and reverifying when someone's work authorization runs out, is where employers slip.
This post covers who completes which part of the form and when, how E-Verify fits in, how long to keep the forms, when to reverify, and how to set WorkZerk up to track the dates.
Who completes which section, and by when
Form I-9 has two main parts, plus a supplement for later.
| Part | Who completes it | Deadline |
|---|---|---|
| Section 1 | The employee | No later than their first day of employment, and only after they accept the job offer. |
| Section 2 | You, the employer | Within 3 business days of their first day of work for pay. Someone who starts on Monday needs Section 2 done by Thursday. For a job that lasts less than 3 days, by the first day. |
| Supplement B | You, the employer | When work authorization or its document expires, and for some rehires. |
Use the current edition. USCIS lists the 01/20/25 edition as current, and also accepts the 08/01/23 edition that shows an expiration date of 05/31/2027 at the top. The edition date is printed at the bottom of each page.
The List A, B and C documents
For Section 2, the employee shows you either one document from List A, or one from List B and one from List C. The employee chooses which. You cannot ask for a particular document, and you cannot ask for more once they have shown you a List A document.
| List | Proves | Examples |
|---|---|---|
| A | Identity and work authorization | US passport or passport card, Permanent Resident Card (green card), Employment Authorization Document (EAD) |
| B | Identity only | State driver's license or ID card, school ID with a photo, voter registration card |
| C | Work authorization only | Unrestricted Social Security card, certified birth certificate with an official seal |
The full lists are on USCIS's acceptable documents page.
Examining documents in person or remotely
In general, you must physically examine the original documents in the employee's presence. A photocopy or a scan is not acceptable for Section 2, except a certified copy of a birth certificate.
The exception is the DHS alternative procedure. If you take part in E-Verify and are in good standing, you can examine documents remotely. You:
- examine copies of the documents, front and back
- hold a live video call with the employee while they present the same documents
- keep clear copies of every document, front and back
- tick the alternative procedure box in Section 2
If you offer it at a hiring site, you must offer it to everyone there, or to every remote hire, and not choose people by citizenship, immigration status or national origin.
Keeping copies is otherwise optional. If you do, do it for every employee and keep the copies with the form. Copies never replace examining the originals.
E-Verify
E-Verify compares the details on a completed Form I-9 with DHS and Social Security records. It does not replace the I-9. If you use it, you create a case no later than the third business day after the employee starts work for pay, and you cannot use it to screen applicants before they accept an offer.
It is voluntary for most private employers. It is required for federal contractors whose contract includes the FAR E-Verify clause, and under some state laws, for example:
| State | Who must use E-Verify |
|---|---|
| Arizona | Every employer, for every new employee |
| South Carolina | Every private employer that completes Form I-9, within 3 business days of hire |
| Florida | Public agencies, and private employers with 25 or more employees |
| North Carolina | Employers with 25 or more employees in the state |
Several other states have their own rules, some only for public employers or state contractors, and they change often. Check with the labor department in each state you hire in.
How long to keep each form
Keep a former employee's Form I-9 for 3 years after the date of hire, or 1 year after employment ends, whichever is later. Never discard a current employee's form. During an inspection, ICE gives you at least 3 business days to produce the forms.
Many employers keep I-9s apart from personnel files, so an inspection only sees the forms, and the forms are only seen by the people who need to. It is common advice rather than a federal rule.
Reverifying when work authorization expires
When an employee's work authorization, or the document that shows it, expires, you complete Supplement B by the earlier of those dates. The employee shows an unexpired List A or List C document of their choice. USCIS suggests giving them at least 90 days' notice.
- US citizens or noncitizen nationals
- a US passport, passport card or green card, when it expires
- a List B identity document
Since October 30, 2025, filing to renew an EAD no longer extends it automatically in most categories. For a renewal filed since then, an expired EAD plus the receipt notice is usually not enough, so the date on the card matters more than it did.
Penalties
Each missing or incorrect form can cost $288 to $2,861, at the amounts DHS set in January 2025. Knowingly hiring or keeping an unauthorized worker costs $716 to $5,724 per worker for a first offense, rising to $28,619 for repeat offenses, and a pattern or practice can bring criminal charges. After an inspection, ICE gives you at least 10 business days to correct technical errors.
Rules change, so this is general information, not legal advice. An employment or immigration lawyer can advise on your situation.
What WorkZerk does with Form I-9
- Each new employee completes and signs Section 1 and uploads it from a private link, with no account or password.
- The upload is marked Sensitive: it is stored encrypted, only admins can open it, and every view is recorded.
- For employees whose work authorization has an end date, WorkZerk tracks that date and emails them and your team before it arrives.
- The Document compliance report shows whose reverification is current, coming up or overdue.
What it does not do: WorkZerk does not complete Section 2 or Supplement B, examine documents, hold the video call for the alternative procedure, or connect to E-Verify. Your team does those, and WorkZerk is not an electronic I-9 system. Keep the completed form wherever you keep your I-9s.
Setting it up in WorkZerk
1. Turn on two-factor authentication
Asking people to upload documents needs two-factor authentication on your account. Set it up under Account, then Two-factor authentication (opens in WorkZerk in a new tab).
2. Create a field for the reverification date
Open Fields (opens in WorkZerk in a new tab) and add Form I-9 (reverify by), an Upload field with Require an expiry date ticked. Open it and switch on Sensitive. See Keeping sensitive information private.
3. Create a portal from the US staff pack
Open Portals (opens in WorkZerk in a new tab), click New portal, and add the Staff onboarding (United States) pack. It asks for Form W-4, Form I-9 Section 1 and direct deposit details, with the tax forms already marked sensitive. See starter request packs.
Send the link once the person has accepted your offer, since Section 1 cannot be completed before then. Leave the portal open while they work for you: closing it switches off their link and the reminders with it.
4. Split the Section 1 request in two
On the portal's Requests panel, click + Insert and add:
- A Choice request, "Which box did you tick in Section 1 of your Form I-9?", with five options: US citizen, Noncitizen national, Lawful permanent resident, Noncitizen authorized to work (with a date), Noncitizen authorized to work (N/A).
- A Section called "Form I-9". Open Limit who sees this, pick the Choice question, tick every option except "with a date", and choose Match any. Inside it, add an Upload request, "Form I-9, Section 1", with Sensitive ticked.
- A second Upload request outside the section, also "Form I-9, Section 1", with Form I-9 (reverify by) as its Document type and Require expiry on. Under Show only when, pick the Choice question and "with a date". In the description: "Enter the date your work authorization expires, as you wrote it in Section 1." Tick Sensitive.
Then delete the pack's own Form I-9, Section 1 request, which these two replace. Everyone uploads the same document. Only the date question differs.
5. Complete Section 2, then approve
Uploads wait under Needs review on Requests (opens in WorkZerk in a new tab). Examine the original documents within 3 business days of the start date and complete Section 2. If the List A or List C document expires before the Section 1 date, click Change date and enter the earlier date. Then approve the upload.
6. Switch on the reminders
Open Automations (opens in WorkZerk in a new tab) and switch on Document expiring reminder. It starts switched off and sends 30 days before the date. Change it to 90 days to match USCIS's suggested notice. Its email reopens the person's upload row.
To remind your team too, build a Document expiring automation at 90 days with Send account email. See Automations.
7. Reverify, then record the new date
Complete Supplement B with the employee. Then have them upload a photo of it on the same row, with the new expiration date as the expiry date. The new file replaces the old one, and the reminders start again for the new date.
8. Check who is covered, and how long you keep it
Open Requests (opens in WorkZerk in a new tab) and click Document compliance to see each person's reverification date as current, expiring or expired. Use Download CSV for a register.
If you set sensitive information to delete automatically under Profile (opens in WorkZerk in a new tab), the clock starts when a portal closes. If you close the portal when someone leaves, 5 years or longer always covers the I-9 rule. 1 year only does for someone who worked for you at least 2 years.
Getting started
Start a free WorkZerk trial at workzerk.com, then work through the steps above. If you get stuck, the getting started guide walks through a first portal end to end, or email us at [email protected].