Missing Form I-9: How to Replace Lost Employee Records

An employee appears on payroll, but HR cannot find their Form I-9. Perhaps a location kept paper files, an electronic migration left records behind, or a manager assumed someone else handled onboarding.

Whatever the cause, a missing I-9 needs prompt attention. If an employer discovers that a required form is missing, USCIS instructs the employer to complete a new form immediately. That does not mean backdating signatures or treating a replacement as proof that the original hiring requirements were met.

Here is a practical workflow for finding missing records, replacing forms when necessary, and preventing the same problem from spreading across locations.

First, determine whether the I-9 is actually missing

Before asking an employee to complete another form, conduct a focused search. A record may be stored under a former name, an old employee number, or a different employing entity.

Check:

• The current I-9 platform and any archived systems.
• Paper files at the employee’s hiring location.
• Records held by an authorized representative or service provider.
• Acquisition, payroll conversion, or system migration archives.
• Historical employee identifiers and documented name changes.

Keep this search short and assign an owner. An open-ended search should not become a reason to postpone correcting a known compliance gap.

Also confirm that the employer was required to complete and retain a form for the individual. For example, independent contractors generally do not complete Form I-9 for the business purchasing their services. Worker classification questions require separate review.

Do document copies count as the missing form?

No. Copies of a passport, driver’s license, or employment authorization document do not replace a completed Form I-9. Neither does an E-Verify case result.

Those records may help explain what happened, but they do not supply the employee’s and employer’s missing attestations.

Replace a missing I-9 for a current employee

For a current employee whose required form cannot be found, complete a new Form I-9 using an edition USCIS currently accepts. Follow the current instructions for both the employee and employer sections.

Treat the process as a present-day compliance action documenting an existing employment relationship—not as a new hire or an opportunity to rewrite history.

Use actual completion dates

The employee should sign and date Section 1 when they actually complete it. The employer or authorized representative should likewise use the actual date of their attestation in Section 2.

Enter the employee’s actual first day of employment in the first-day-of-employment field. That date serves a different purpose from the signature dates.

Do not backdate signatures to the original hire date. A newly completed form does not establish that verification occurred on time years earlier.

Follow the document examination rules

The employee chooses which acceptable documents to present from the Form I-9 Lists of Acceptable Documents. Do not insist on the same documents supposedly used during original onboarding, demand a passport, or require extra documents because the employer lost the record.

Examine the documentation under the applicable Form I-9 rules. Physical examination is generally required unless the employer qualifies for and properly follows an authorized alternative procedure.

Do not simply copy document numbers from an old personnel file into a new form without completing the required examination process. Document validity rules and specific exceptions still apply.

If the employee cannot promptly present acceptable documentation, review the current USCIS instructions and obtain guidance before making an employment decision. Receipt rules and other document-specific provisions may affect the next step.

Attach a factual explanation

Keep a signed and dated explanation with the replacement form. USCIS guidance calls for explaining why a new form was completed when the original is missing.

A useful explanation identifies:

• When the missing record was discovered.
• Which employee and employing entity are involved.
• Where the employer searched for the original.
• Whether the original was lost or its completion could not be confirmed.
• When the replacement was completed and by whom.

For example, an employer might explain that an internal records review identified an unavailable I-9, that searches of specified repositories did not locate it, and that a replacement was completed on the stated date.

Avoid speculation. If there is no evidence that an original form ever existed, do not describe it as definitely completed and subsequently lost.

If you later locate the original, preserve it with the replacement and explanatory documentation. Do not destroy records merely to make the file appear simpler.

Handle former employees separately

A former employee’s missing form raises a different question: was the employer still required to retain it?

Generally, employers must retain Form I-9 for three years after the date of hire or one year after employment ends, whichever is later. Apply that calculation to each former employee rather than using a single period after termination.

If the retention period has ended, the form generally no longer needs to be retained under the I-9 rules. Separate preservation obligations, such as a legal hold, may still apply.

If the form should still be retained but is missing, document the gap and the search performed. Do not manufacture a historical verification or sign on behalf of the former employee. Consult qualified immigration counsel about appropriate remediation, particularly when an inspection is pending or multiple records are affected.

Do not automatically create another E-Verify case

Replacing a lost I-9 does not, by itself, require a duplicate E-Verify case. Before taking action, check whether a case already exists for the employee and review its status.

If an E-Verify case was required but never created, that is a separate issue from the missing form. Review current E-Verify guidance or contact E-Verify support about the appropriate response. Existing-employee restrictions and special rules can affect what an employer should do.

Maintain the distinction between two tasks: restoring the I-9 record and resolving any E-Verify compliance issue.

Build a repeatable recovery process

For employers hiring at volume, one missing form should trigger a targeted review of the affected process—not an indiscriminate demand that everyone resubmit documents.

Use a recovery log with an assigned owner, discovery date, employment status, search results, corrective action, and completion date. Restrict access because these records contain sensitive personal information.

Then address the root cause:

• Reconcile employee rosters against I-9 records regularly.
• Verify record counts and accessibility after system migrations.
• Assign responsibility for forms completed through representatives.
• Test whether archived forms can actually be retrieved.
• Separate missing-record remediation from routine form corrections.

For forms that exist but contain mistakes, follow a documented I-9 correction process instead of replacing every imperfect record. Employers reviewing their broader verification workflow can also explore Clear I-9.

Consult the current USCIS Handbook for Employers before acting. This article provides practical information, not legal advice; replacement forms do not erase an earlier violation.

Need help strengthening your I-9 process? Contact Trak Services to discuss your verification and recordkeeping workflow.