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Form I-9: Not merely an administrative task but a legal obligation

June 2026 employment law letter
Authors: 

Desalina A. Williams and Jodi R. Bohr, Milligan Lawless

Every employer in the United States is required by federal law to properly complete a Form I-9: Employment Eligibility Verification for each employee. Here’s what you need to know.

What employers must do

To satisfy this requirement, employers must do the following:

·     Use the current, unexpired Form I-9. At the time of publication, the current Form I-9 expires May 31, 2027.

·     Ensure employees complete and sign Section 1 of Form I-9 on or before the first day of work. If an employee doesn’t properly complete the form, then you should ask the employee to finish the form correctly.

·     Within three business days of an employee’s start date, you should physically examine the original, unexpired documents that reasonably appear genuine and relate to the employee; complete Section 2 accurately; and sign the attestation.

·     For expiring work authorizations, timely complete Supplement B, Reverification and Rehire, of Form I-9.

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