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New Hire Checklist with I-9, W-4 and State New-Hire Reporting

An editable new hire checklist in four phases: before day one, day one, the first week and the first 90 days. Enter the first day of work and every legal item gets its date and its cite, from Form I-9 Section 2 to the state new hire report, next to your own welcome tasks. Tick items off, add your own lines, then print it or copy it into your HR file. For the I-9 dates alone, use the I-9 deadline calculator.

Coloured pencil drawing of a first-day kit with a blank ID badge, a key, a folder and a pen
A first-day kit waits on the desk: badge, key, folder and pen.

What it computes

Most new hire checklists stop at “collect the W-4 and I-9”. This one puts a date and a cite on every item the law fixes, beside the welcome tasks you already run. Enter the first day of work for pay and say which rules apply to you (E-Verify, a background check, a group health plan); the list drops what does not apply and dates what does.

  1. Form I-9 Section 1 is due on the first day of work, and only after the offer is accepted.
  2. Section 2 is due on the third business day after the first day (the first day itself does not count), so a Monday start is due Thursday. A job shorter than three business days moves it to the first day.
  3. An E-Verify case is due by the third business day after the employee starts work for pay.
  4. The state new hire report is dated 20 days after the first day: the federal outer limit. Your state can be stricter.
  5. The COBRA general notice is dated 90 days after the employee's health coverage begins.
Deadline

Complete Section 2 within three business days after the first day of work. Start Monday, finish by Thursday.

8 CFR 274a.2(b)(1)(ii); M-274 § 4.0

Business days are counted Monday to Friday. Neither USCIS nor the E-Verify manual says whether a federal holiday counts, so this list counts them, which gives the earlier date. The I-9 and E-Verify deadline calculator can skip holidays if you prefer the later reading.

The new hire report

Federal law sends every new hire report to the state directory of new hires where the employee works. It carries the employee's name, address and Social Security number, the date they first worked for pay, and your name, address and federal employer identification number. It may be made on a W-4 or an equivalent form, by mail or electronically. A rehire counts as a new hire once they have been gone at least 60 consecutive days.

Deadline

Federal law sets 20 days after hire as the outer limit for new-hire reports; your state may require it sooner. Employers who file electronically may instead send two monthly transmissions 12 to 16 days apart.

42 U.S.C. § 653a(b)(2)

The federal child support office keeps a list of every state's new hire reporting site; your state's own deadline and form are there. An employer with staff in two or more states that reports electronically may pick one of those states for all its reports, after telling HHS in writing.

If you run a background check

The FCRA steps come before day one. Give the disclosure on its own page and get written permission before you order the report; our FCRA disclosure checker tests a form you already use. If anything in the report might cost the person the job, send the pre-adverse notice first, wait, then send the final notice. The adverse action letter generator drafts both, and the FCRA rules guide covers the whole sequence.

The new hire paperwork file

Who fills in each form, when it is due and how long it stays on file. The Form I-9 is never sent to the government; the W-4 goes to the IRS only when the IRS asks for it in writing.

Form or noticeWho completes itWhenKeep it
Form I-9, Section 1EmployeeBy the first day of workWith Section 2
Form I-9, Section 2Employer3 business days after day oneLater of 3 years after hire or 1 year after the job ends
Form W-4EmployeeAt hireAt least 4 years
State withholding certificateEmployeeAt hire, where the state uses oneCheck your state tax agency
FCRA disclosure and authorizationApplicantBefore the report is orderedCheck your EEOC and state record rules
State new hire reportEmployerWithin 20 days of hire, or sooner by state lawYour confirmation
Notice of Coverage OptionsEmployerAt the time of hiringA copy of what you gave
COBRA general noticePlan administratorWithin 90 days after coverage beginsProof it was sent
Sources: 8 CFR 274a.2; IRS Tax Topic 753; 15 U.S.C. § 1681b(b)(2); 42 U.S.C. § 653a; DOL Technical Release 2013-02; 29 CFR 2590.606-1. Read October 2026.
Quick reference
Form I-9 Section 1
By the first day of work8 CFR 274a.2(b)(1)(i)(A)
Form I-9 Section 2
3 business days after day one8 CFR 274a.2(b)(1)(ii)
E-Verify case
By the 3rd business day after work startsE-Verify User Manual § 1.5
Form W-4 on file
At least 4 yearsIRS Tax Topic 753
State new hire report
20 days after hire, at the latest42 U.S.C. § 653a(b)(2)
COBRA general notice
90 days after coverage begins29 CFR 2590.606-1(b)(1)

The “keep it” lines for the last four rows are good practice rather than a federal figure. For the I-9, the retention calculator gives the exact destroy-after date once someone leaves.

Worked example

Four hires at one small employer, each run through the checklist. The first row is the example the tool opens with: a Monday start, so Section 2 lands on Thursday even though Veterans Day falls on the Wednesday.

HireFirst dayI-9 Section 2E-Verify caseNew hire report, latestCOBRA notice
Bookkeeper, Monday start in Veterans Day weekMon, Nov 9, 2026Thu, Nov 12, 2026Thu, Nov 12, 2026Sun, Nov 29, 2026Mon, Mar 1, 2027
Line cook, Friday startFri, Nov 20, 2026Wed, Nov 25, 2026Wed, Nov 25, 2026Thu, Dec 10, 2026Thu, Apr 1, 2027
Retail associate, Saturday start, no health planSat, Oct 24, 2026Wed, Oct 28, 2026Wed, Oct 28, 2026Fri, Nov 13, 2026Not used
Event crew, two-day job, no E-VerifyMon, Dec 14, 2026Mon, Dec 14, 2026Not usedSun, Jan 3, 2027Not used
Business days Monday to Friday, federal holidays counted. Health coverage starts December 1 (row 1) and January 1 (row 2).

The Saturday start shows why the first day never counts: the three business days are Monday, Tuesday and Wednesday. The two-day job has Section 2 due on its first day, and the employee cannot hand you a receipt in place of a document. The new hire report column is the federal ceiling; in a state with a shorter deadline the state date wins. Row one's ceiling falls on a Sunday, so the report goes in before that weekend.

Penalty

A Form I-9 paperwork violation costs $288 to $2,861 per form. The I-9 penalties guide explains how audits start.

8 CFR 274a.10(b)(2)

State notes

  • Federal
  • State

The checklist carries the federal floor. Four things change by state, and the list leaves room for them in your own lines:

  • New hire reporting deadline. Federal law allows up to 20 days; many states set fewer. Read yours on the state site before relying on the ceiling.
  • Withholding certificate. Some states use their own form beside the federal W-4. The state tax agency says which.
  • E-Verify. Some states require E-Verify for some or all employers; see our E-Verify requirements by state.
  • Background checks. A growing number of states and cities limit when you may ask about criminal history; see ban-the-box laws by state and the California Fair Chance Act.

Posters and handbook rules vary too. The poster requirements guide and the employee handbook template cover both, and the onboarding software comparison shows which tools carry these steps for you.

The rule

This checklist applies the federal rules as written. It is not legal advice, and state law may add steps.