Your First International Hire: A Compliance Checklist

Hiring your first international engineer creates immediate responsibilities, and many of them have nothing to do with the visa itself.

The visa proves your new hire can work here. But that’s only half the job. The other half is yours as the employer: Confirm their eligibility, track key dates, and maintain audit-ready records.

What immigration steps do I take after hiring my first foreign employee?

After hiring your first foreign employee, you take five core steps.

1. Verify work eligibility. Complete Form I-9. The employee must fill out their part no later than the first day of employment, but not before accepting a job offer. You complete your part within three business days.
2. Verify documents: Have your employee show you documents proving their identity and work authorization, check that the documents reasonably appear genuine and belong to that employee, and record the details on their Form I-9. If you’re approved to review documents remotely under DHS’s alternative procedure instead of in person, check the box on the form indicating you did so.
3. Use E-Verify if it applies to you. Many employers don’t have to use E-Verify, but certain federal contractors and employers in some states will need it. We cover who should use it below.
4. Track key dates. Note when the employee’s work authorization expires so you can act before it lapses. You need to monitor their I-94 record, form I-797, and work permit if applicable.
5. Keep records. Store the I-9 and related documents so they’re ready if the government asks. If you’re hiring an H-1B worker, there are additional record-keeping rules.
6. Handle any visa-specific duties. Steps one through four apply to everyone. Your obligations with this step depend on your employee’s immigration status. Sponsoring an H-1B, for example, comes with different duties than optional practical training (OPT), an O-1, or a TN visa.

How do I complete Form I-9 for a new international hire?

Form I-9 has two parts. Your new hire completes Section 1 by their first day of work. You complete Section 2 within three business days of that first day.

Every U.S. employer uses the same I-9 form, no matter the worker’s status.

Who fills out each section, and by when?

Which I-9 documents can I ask for?

Your employee chooses which documents to show you. They present either one document from List A, or one from List B plus one from List C. You review the originals and confirm they reasonably look genuine.

You may not tell the employee which documents to bring, ask for more than the rules require, or reject valid documents that reasonably look genuine. If this is done to discriminate based on citizenship or national origin, it’s known as “document abuse,” an unfair immigration-related employment practice under the Immigration and Nationality Act, 8 U.S.C. § 1324b.

What are Lists A, B, and C?

One List A document can stand alone. Otherwise, the employee shows one List B document plus one List C document. See the full USCIS List of Acceptable Documents.

What happens if I get the incorrect I-9 documents?

I-9 paperwork errors carry fines of $288 to $2,861 per form. In March 2026, Immigration and Customs Enforcement (ICE) also updated its I-9 Inspection Fact Sheet to treat several common errors as substantive violations rather than technical ones. These changes make accuracy even more important.

Do I need to use E-Verify?

E-Verify is a free online system that checks the information on Form I-9 against Social Security and Department of Homeland Security records to confirm an employee’s eligibility for work.

For most private employers, E-Verify is voluntary at the federal level. You must use it in two situations:

1. You’re a federal contractor whose contract includes an E-Verify clause.
2. You operate in a state that mandates it.

Which states require E-Verify?

As of mid-2026, roughly a dozen states require most private employers to use E-Verify. Rules vary by state, and some apply only above a certain headcount. Because these laws change and depend on where your employees work, confirm your own state’s requirements ahead of time.

What if E-Verify flags a mismatch?

A mismatch from E-Verify is called a Tentative Nonconfirmation (TNC). A TNC doesn’t necessarily mean the employee isn’t authorized to work and it isn’t grounds to fire the employee.

If you receive a TNC, notify the employee, give them the chance to fix the issue with the government, and keep them working while the case is open. You may not suspend, terminate, or penalize a worker just because a TNC is pending.

Once you share the TNC with them, the employee has 10 federal government working days to notify you about whether or not they’re taking action to resolve the issue.

What are my ongoing obligations after the first day?

Your job doesn’t end once the I-9 is done. For an international hire, you have a few recurring duties.

1. Reverify before work authorization expires

If your hire is on a temporary status (such as OPT or H-1B), their permission to work has an end date. If you want to renew or extend their visas, your job is to confirm that the new authorization is in place and record it on Supplement B of Form I-9 before the old one expires. Skipping this step and employing someone whose paperwork has lapsed on file is a violation.

USCIS suggests reminding the employee at least 90 days ahead of expiration so they have time to get new documents. Track that date from day one.

2. Track the correct expiration dates

If Section 1 and Section 2 of the I-9 show different work-authorization expiration dates, reverify by the earlier one. Again, make sure you’re tracking the correct date from the start of employment.

3. Meet duties that apply to every hire

• Report the new hire to your state within 20 days (or sooner if your state requires it) of their start date.
• Collect Form W-4 on or before day one for payroll.

What extra steps apply if I sponsored an H-1B?

If your first hire came in on an H-1B visa, you take on a second set of duties, this time from the Department of Labor, on top of the I-9. These DOL duties start before the employee begins work.

1. File a Labor Condition Application (LCA). When you complete an LCA, you must promise to pay the required wage and meet working-condition rules.
2. Pay at least the prevailing wage. The prevailing wage is the wage that DOL data indicates is standard for the role and area. You pay the higher of that or your actual wage (what you pay similar workers) for the position.
3. Post notice of the LCA filing. You must notify your existing workforce that you filed the LCA.

You also now answer to two agencies: ICE, which enforces the I-9, and DOL, which enforces the H-1B rules. Either can independently audit your company. A clean I-9 file won’t protect you from a DOL wage complaint.

What goes in the Public Access File, and how long do I keep it?

The LCA requires a Public Access File (PAF), a specific set of documents anyone can request. It includes the certified LCA, the wage rate, how you set the prevailing wage, and proof that you posted notice.

You create the PAF within one business day of filing the LCA, and keep it for one year past the end or withdrawal of the LCA.

How long do I keep immigration records and what happens in an audit?

While an employee still works for you, keep their Form I-9, always. Only after they leave do you calculate how much longer to hold it:

• Worked less than two years? Keep the form for three years from their first day of employment.
• Worked more than two years? Keep the form for one year after their last day.

Store I-9 forms separately from regular personnel files. That way, if the government asks for them, you hand over only what’s required.

Other records have their own timelines. Here’s a quick reference:

What happens if I get audited?

An I-9 audit usually starts with a Notice of Inspection from ICE. In most cases, you get three business days to produce your I-9s.

That’s a short window. The smart move is to self-audit before any notice arrives. Reviewing your own files on your own timeline can help you catch and fix issues early. It also ensures you know what to do should an actual audit arise.

When should you bring in an immigration attorney?

The I-9, new-hire reporting, and basic recordkeeping are all manageable in-house for your first international employee.

Bring in an attorney before a material change, such as a new role, a new worksite, or a shift in status like OPT to H-1B.

It’s also worth a conversation once you’re building a repeatable process for your second and third hires. A team focused on corporate immigration law can help you build a defensible framework now, so you’re not rebuilding it under audit pressure later.

If you want help with your first few hires, schedule a consultation with Manifest Law and pressure-test your process before it scales.

Frequently asked questions

Do I need a new I-9 when my engineer’s H-1B is extended?

No. You reverify on Supplement B of the existing I-9. Record the new document before the current authorization expires, then sign and date.

Can I use E-Verify to reverify an employee?

No. E-Verify is for initial hires. Reverification happens on Supplement B of Form I-9.

What if my worker is on OPT or STEM OPT? Is anything different?

The I-9 steps are the same, but the timing is tighter. OPT and STEM OPT have firm end dates, and STEM OPT adds employer duties like E-Verify enrollment and a training plan.

Does hiring one foreign employee make me H-1B-dependent?

Generally no. Dependency is based on the ratio of H-1B workers to your total staff. Dependency depends on your total headcount: 25 or fewer employees and at least eight H-1B workers, 26 to 50 employees and at least 13 H-1B workers, or 51 or more employees where H-1B workers make up 15% or more of staff.

What happens if the LCA is fine but I fail an I-9 audit?

Your LCA and I-9 records are judged separately. A clean LCA won’t offset I-9 penalties, which currently run from $288 to $2,861 per form.

Disclaimer. This article is for general informational purposes only and does not constitute legal advice. Reading it, or contacting Manifest Law through this site, does not create an attorney-client relationship. Immigration law changes frequently, and the information here is current only as of the publication date. For advice on your specific situation, consult a licensed attorney. Prior results do not guarantee a similar outcome. This communication is attorney advertising.