FAQ Category
Form I-9 & Employment Eligibility FAQs
I-9 completion, document rules, remote verification, and fixing the I-9 problems audits find most often.
Last updated: July 03, 2026 • 9 answers in this category
- Can a new hire work before completing Form I-9 documents?
- Can a Texas employer accept expired documents for Form I-9?
- How should a Texas employer handle I-9 verification for remote employees?
- What HR records should a Texas employer review before an I-9 audit?
- What I-9 mistakes create risk for Texas small businesses?
- What should a Texas employer do after discovering missing I-9 forms?
- What should a Texas employer do if a new hire does not have acceptable I-9 documents?
- What should a Texas employer do if an employee work authorization document expires?
- What should a Texas employer do if Form I-9 was completed late?
Form I-9: the rules that decide an audit
Controlling authority: USCIS Form I-9 and the Handbook for Employers (M-274). Document abuse is enforced separately by the DOJ Immigrant and Employee Rights Section, not only by ICE.
| Rule | Requirement | Where employers go wrong |
|---|---|---|
| Section 1 timing | No later than the first day of employment, and not before the offer is accepted | Completing it at interview stage is itself a violation. |
| Section 2 timing | Within three business days after the first day of employment | Counted from the first day of work, in business days. A Monday start means Thursday. |
| Who chooses the documents | The employee, from the Lists of Acceptable Documents | Specifying, requesting extra, or rejecting valid documents is document abuse — enforced by the DOJ Immigrant and Employee Rights Section, separately from ICE. |
| Unexpired | Documents must be unexpired when presented | There is no general exception; the receipt rule is narrow and temporary. |
| Reverification | Only when employment authorisation expires | You never reverify a Permanent Resident Card or a U.S. passport. Doing so is discrimination. |
| Retention | Three years after the date of hire, or one year after termination, whichever is later | Employers apply the earlier date and destroy files that were still required. |
| Copies of documents | Optional, but the practice must be consistent for everyone | Copying for some employees and not others is evidence of discrimination. |
The Form I-9 clock
Free tool
Estimates paperwork fine exposure across your actual form count.
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