Form I-9 Section 2: What Employers Must Do

Section 2 of Form I-9 is the part you, the employer, fill out. Every U.S. employer must complete an I-9 for every employee, whether the person is a citizen or a noncitizen, and no matter the size of the company or whether the job is full time, part time, or temporary. The only exceptions are independent contractors and casual domestic workers. The employee fills out Section 1 by the end of their first day of work. You then review the employee's documents and complete Section 2. This page explains what you must do and the common errors that now cost money.

The 3-business-day rule

You must complete Section 2 within 3 business days of the employee's start date. The clock starts on the first day of paid work. If a job lasts fewer than 3 days, you must finish Section 2 by the end of the first day.

Physically examine the documents

The employee chooses which documents to show you from the official Lists of Acceptable Documents. You must look at the actual documents in person, or use the DHS remote option if you qualify. The documents must appear genuine and relate to the person in front of you. You do not judge whether a document is technically perfect. You only confirm it looks real and belongs to the employee.

The lists work in two ways. A single List A document proves both identity and work authorization. Common List A examples include a U.S. passport or passport card, a Permanent Resident Card, or a foreign passport with an I-551 stamp or I-94. Or the employee can show one List B document for identity, such as a driver's license or state ID, plus one List C document for work authorization, such as a Social Security card without work restrictions or a U.S. birth certificate. See acceptable documents for the full breakdown.

There is also a receipts rule. If a document was lost, stolen, or damaged, the employee may give you a receipt for a replacement, and that receipt is acceptable for a limited time. The employee must present the actual document later, and you update Section 2 when they do.

You must accept the employee's valid choice

This is one of the most important rules. The employee decides which valid documents to present. You may not tell a worker which papers to bring. You may not ask for more or different documents than the law requires. You may not refuse a valid document because you prefer another one.

Record the document details

For each document the employee shows you, write down the key details in Section 2. You record the:

• Document title
• Issuing authority
• Document number
• Expiration date, if the document has one

Copy these details carefully and exactly. Missing or incomplete document information is now treated as a serious error. Take your time and check each field before you move on.

Sign the certification

Below the document fields is the certification. By signing it, you swear that you examined the documents, that they appear genuine, and that they relate to the employee. You must enter the employee's first day of employment in this part, then add your signature, title, name, and the business name and address.

Errors that now bring immediate fines

Enforcement has increased. As of March 16, 2026, immigration authorities moved many error types from the old technical category to the substantive category. Technical errors used to come with a window to fix them. Substantive errors can bring an immediate fine with no chance to cure. In Section 2, the newly substantive errors include:

• Incomplete List A, List B, or List C document information, such as a missing title, number, or expiration date
• A missing first day of employment in the certification

Substantive paperwork violations currently run from about $288 to $2,861 per form. Because a single I-9 can hold several mistakes, the cost adds up fast. A careful Section 2 is the best protection.

How to fix a Section 2 mistake

If you find an error later, correct it the proper way. Draw a single line through the wrong entry, write the correct information, then add your initials and the date. Never erase, never use white-out, and never backdate. A clean correction shows good faith.

In person or remote

You can examine documents in person or, if you take part in E-Verify in good standing, you can use the DHS remote procedure over live video. The remote path has extra steps and its own rules. Learn more on the remote verification page before you try it.

For more pitfalls to avoid across the whole form, read common I-9 mistakes. If your situation is unusual, it is fine to consult an immigration attorney.

By the Easy Guides Editorial Team