U.S. · Employment · Form I-9
I-9 Section 2 deadline.
Enter the first day of work and the days your business is open. The tool counts three business days after it, and handles very short jobs.
Section 2 of Form I-9 is due within three business days of the date employment begins. A Monday start is due Thursday of that week. The start day itself is not counted. If the job lasts fewer than three business days, Section 2 is due no later than the first day of employment. Section 1 is the employee’s and is due by the first day of employment.
When did work start?
Deadline
What the rule requires
Employers must verify identity and work authorization for every new hire on Form I-9. The employee fills in Section 1 and signs it no later than the first day of employment (8 CFR 274a.2(b)(1)(i)(A) says at the time of hire; USCIS M-274 section 3.0 says by the first day the employee starts work for pay). The employer, or an authorized representative, then examines the documents the employee presents and completes Section 2. The regulation puts the clock in 8 CFR 274a.2(b)(1)(ii): within three business days of the hire the employer must examine the documentation, confirm that it appears genuine and relates to the person, and complete and sign Section 2.
The regulation says "of the hire"; USCIS’s Handbook for Employers (M-274, section 4.0) restates it as three business days of the date employment begins and supplies the example that matters: an employee who begins on Monday must have Section 2 completed on or before Thursday of that week. That example fixes how the count works. The start date is day zero, so Tuesday is the first business day, Wednesday the second and Thursday the third.
Jobs shorter than three business days
If an employee is hired for a duration of less than three business days, both examining the documents and completing Section 2 must happen at the time of hire (8 CFR 274a.2(b)(1)(iii)). USCIS words it as no later than the first day of employment. Receipts are also restricted in this case: an employer may not accept a receipt for a lost, stolen or damaged document in lieu of the required document when employment is for less than three business days.
Early review is allowed
The three days are a deadline, not a waiting period. USCIS notes in section 3.0 that an employer may review the documents and fully complete Section 2 at any time between the date the employee accepts the job offer and completes Section 1, and the end of the three-business-day window. Many employers do it on the first day while the employee is present. Reviewing after the offer but before the start date is only possible when Section 1 has already been completed.
What "business day" means here
The regulation text we read does not define "business day," and the USCIS handbook page uses a weekday example. The tool lets you choose which days your business is open and which closed dates to skip, because a deadline that lands on a closed day is a question for your counsel or the USCIS I-9 Central guidance. For a normal Monday-to-Friday workplace the answer is simply the third weekday after the start: a Friday start is due the following Wednesday. Treat any result involving weekends or holidays as a prompt to confirm with USCIS, not as a safe harbor.
Remote examination
Documents are generally reviewed in the employee’s physical presence. USCIS says employers participating in E-Verify may also be eligible to use the alternative procedure for remote document examination. The three-business-day deadline is the same. The employee still chooses which acceptable documents to present from the Lists of Acceptable Documents, and the employer cannot specify which ones.
Worked example
A restaurant hires a server who starts Friday, November 6, 2026. The restaurant is open seven days a week, so Saturday, Sunday and Monday are the first three business days and Section 2 is due Monday, November 9. A similar office employee who starts the same Friday but works only Monday to Friday has until Wednesday, November 11. A one-day event worker hired for a single Saturday has Section 2 due that same Saturday.
Consequences
USCIS warns that failing to properly complete the form risks violating section 274A of the Immigration and Nationality Act and may result in civil money penalties. An employer may terminate an employee who fails to present acceptable documents, or an acceptable receipt for a document, within the three business days. This tool computes a date. It does not decide which documents are acceptable; see the acceptable-documents tool linked here for that.
Sources
Sources opened and read November 2, 2026.
- eCFR: 8 CFR 274a.2 Verification of identity and employment authorization (current through October 29, 2026) (read November 2, 2026)
- USCIS: Handbook for Employers M-274, 4.0 Completing Section 2: Employer Review and Verification (read November 2, 2026)
- USCIS: Handbook for Employers M-274, 3.0 Completing Section 1: Employee Information and Attestation (read November 2, 2026)
Frequently asked questions
When is Section 2 of Form I-9 due?
Within three business days of the date employment begins (8 CFR 274a.2(b)(1)(ii); USCIS M-274 section 4.0). The first day of work is not counted: an employee who starts on Monday has Section 2 due on or before Thursday of that week.
When is Section 1 of Form I-9 due?
The employee must complete Section 1 and sign the attestation no later than the first day of employment (USCIS M-274 section 3.0). An employer may not ask someone who has not accepted a job offer to complete it.
What if the job lasts less than three business days?
Section 2 must be completed no later than the first day of employment, and a receipt cannot be accepted in place of the required document (8 CFR 274a.2(b)(1)(iii)).
Can Section 2 be completed before the first day of work?
Yes, after the employee has accepted the job offer and completed Section 1, according to USCIS section 3.0. Review of the employee’s documents may happen at any point up to the three-business-day deadline.
Do weekends count as business days for I-9?
The regulation text does not define the term. The USCIS example is a Monday start due Thursday, which treats weekdays as business days. Confirm with USCIS or counsel if your workplace operates on weekends.
Does the deadline change if documents are reviewed remotely?
No. The same three-business-day deadline applies. Employers in E-Verify may be eligible for the optional alternative procedure for remote document examination described in M-274 section 4.5.
What happens if an employee cannot show documents in time?
USCIS says an employer may terminate an employee who fails to present acceptable documentation, or an acceptable receipt for a document, within three business days after employment begins.
Not legal or compliance advice
This page is general information drawn from the sources listed, not legal, tax or compliance advice, and it is not run by any government agency. Rules, forms and dates change and your agency, base jurisdiction or enforcement officer decides your case, so confirm with the office named on this page before you rely on it. Everything runs in your browser; nothing you enter is sent anywhere.