Quick answer
- Every new employee completes Form I-9 (Section 1 by the first day of work, Section 2 within three business days) and Form W-4, plus a state withholding form in most income-tax states.
- You report each new hire to your state's new hire registry within 20 days, or sooner where the state says so. California, New York and others also require a written pay notice at hire.
- Keep I-9s together in their own file, apart from personnel files, and keep medical information in a separate confidential file.
New hire paperwork is the set of forms and notices a US employer collects or hands out when someone joins the payroll. A few are required by federal law for every employee: Form I-9 for work authorization, Form W-4 for federal tax withholding, and a new hire report to the state. Your state adds its own withholding form and, in some states, a written notice of pay. Everything else, from the offer letter to direct deposit, is optional but makes the first payday go right. This guide lists each form, who fills it out and when, gives you a checklist to copy, and explains how to store the records. It is general information, not legal advice; check your state labor department for the rules where your employees work.
Federally required new employee forms
These apply to almost every employee in every state. Independent contractors are different: they fill out Form W-9 instead of a W-4 and do not complete an I-9. If you are unsure which a worker is, read our guide to 1099 vs W-2 workers before you send any forms.
Form I-9, Employment Eligibility Verification
Form I-9 from U.S. Citizenship and Immigration Services (USCIS) confirms each employee's identity and authorization to work in the United States. You must complete one for every person you hire, including US citizens.
- Edition: USCIS lists the 01/20/25 edition as current. It also says the 08/01/23 edition with an expiration date of 05/31/2027 may still be used. Check the date at the bottom of the form against the USCIS Form I-9 page.
- Section 1: the employee fills it out no later than the first day of work for pay. They can do it any time after accepting the job offer.
- Section 2: you examine the employee's original documents and complete this section within three business days of their first day. If the job lasts fewer than three business days, Section 2 is due on the first day.
- Documents: the employee chooses what to show, either one List A document (such as a US passport) or one List B plus one List C document. You cannot ask for specific documents or for more than the form requires.
- Remote review: USCIS allows an alternative, remote document examination only for employers enrolled in E-Verify. Everyone else must examine documents in person.
Our I-9 form guide walks through each section and the acceptable documents.
Form W-4, Employee's Withholding Certificate
The IRS Form W-4 tells you how much federal income tax to withhold from each paycheck. Ask for it before the first payroll. If an employee does not turn one in, the IRS instructions say to withhold as if they were single with no other adjustments. You keep the W-4 on file and do not send it to the IRS unless asked. Our W-4 form guide covers the 2026 form line by line, including the new deduction lines for tips and overtime.
New hire report to the state
Federal law (42 U.S.C. 653a) requires every employer to report each newly hired employee to the State Directory of New Hires in the state where the employee works. States use the reports mainly to enforce child support orders. The report includes:
- The employee's name, address and Social Security number
- The date the employee first performed paid work (many states ask for it)
- Your business name, address and federal employer identification number (EIN)
The federal deadline is 20 days after the hire date. States can set a shorter one, and several do. Alabama's new hire program, for example, says 7 days. Employers that report electronically can instead send two reports a month, 12 to 16 days apart. An employer with workers in two or more states that files electronically may choose one state to receive all its reports, after telling the federal Department of Health and Human Services in writing. Under the statute, states can fine employers up to $25 per unreported hire, or up to $500 when employer and employee conspire not to report. Rehires usually count too: California, for example, treats someone as a rehire after a break of at least 60 consecutive days. Look up your state's new hire reporting site for its deadline and filing method.
State onboarding documents and notices
State rules are where most small businesses miss a form. The two big categories are state tax withholding and written pay notices.
State withholding forms
Most states with an income tax have their own version of the W-4. California uses Form DE 4 from the Employment Development Department, New York uses Form IT-2104, and Illinois uses Form IL-W-4. States without an income tax on wages, such as Alaska, Florida, Nevada, South Dakota, Tennessee, Texas, Washington and Wyoming, have no state withholding certificate. A few states accept the federal W-4, so check your state revenue department's current forms.
Written pay notices at hire
| State | Notice | Who gets it and key rules |
|---|---|---|
| California | Labor Code 2810.5 notice (Wage Theft Protection Act) | Non-exempt private-sector employees at hire. Lists pay rates and overtime rates, regular payday, the employer's legal name and address, phone number and workers' compensation carrier. Give it in the language you normally use with the employee. Tell employees about changes in writing within 7 calendar days unless the change appears on the next pay stub. The Labor Commissioner publishes a template. |
| New York | Notice of pay rate under Labor Law 195(1); form LS 54 for hourly employees | Every new hire, at the time of hiring. Give it in English and in the employee's primary language when the Department of Labor has a translation. Get a signed, dated acknowledgment and keep it for six years. The Department publishes other versions, such as LS 56 for salaried employees and LS 59 for exempt employees. |
Other states have similar wage notice laws, and many require extra pamphlets or notices at hire, such as state disability, paid family leave, sick leave or workers' compensation information. Ask your state labor department for its list of new hire notices, and add them to your checklist once.
E-Verify
E-Verify, the online system that checks I-9 information against government records, is voluntary for most private employers under federal law. Some states require it for some or all employers, and federal contractors may be required to use it. Check your state's rules before your first hire there.
Optional onboarding documents worth using
No federal law requires these, but each one heads off a common first-month problem.
- Offer letter. Puts the job title, pay rate, exempt or non-exempt status, start date, schedule and at-will terms in writing. Our offer letter template has copyable versions.
- Direct deposit authorization. Bank routing and account number, account type, and the split if the employee wants more than one account. Some states limit whether you can require direct deposit, so offer a paper check option unless you have confirmed your state's rule.
- Employee handbook acknowledgment. Your proof that the employee received your policies. Use the acknowledgment form in our employee handbook template.
- Emergency contact form. Name, relationship and phone number for one or two people.
- Benefits enrollment. Health, dental, retirement plan and beneficiary forms, with plan deadlines. Group health plans covered by COBRA must also give a general COBRA notice when coverage starts.
- Confidentiality or nondisclosure agreement (NDA). Useful when the job involves customer lists, pricing or recipes. Keep it narrow: the National Labor Relations Act protects employees' right to discuss pay and working conditions, and some states limit noncompete and confidentiality terms.
- Job description and policy sign-offs. Safety training, timekeeping rules, equipment and device policies.
New hire forms checklist
Copy this checklist into a document or your HR system and keep one per employee. Cross off the lines that do not apply in your state. For the wider first-90-days plan, including training and introductions, see our employee onboarding checklist.
To use it, fill in the header from the accepted offer, then work down the sections in order. The two dates that matter most are the first day of work, which starts the I-9 three-business-day clock, and the hire date your state uses for the new hire report.
Timeline: before day one, day one and the first week
| When | What happens | Hard deadline? |
|---|---|---|
| After the offer is accepted | Send the offer letter for signature, W-4, state withholding form, direct deposit, emergency contact, handbook and the state pay notice. The employee may complete I-9 Section 1. | Pay notices are due at hire in CA and NY |
| Day one | I-9 Section 1 finished. Employee brings original documents. Hand out state notices and walk through timekeeping. | Yes: I-9 Section 1 |
| By the third business day | You examine documents and complete I-9 Section 2. Create the E-Verify case if you use it. | Yes: I-9 Section 2 |
| Within the first week | Collect signed acknowledgments and send benefits enrollment. | Benefits plan deadlines vary |
| By your state's deadline | File the new hire report. Many payroll teams file it in the first week so it is never late. | Yes: 20 days federally, shorter in some states |
An example: a server accepts an offer on Thursday, November 12, 2026 and starts Monday, November 16. She can fill out her W-4, direct deposit and I-9 Section 1 on Friday. On Monday she shows her documents, and you have until the end of Thursday, November 19 to finish Section 2 (three business days after Monday). Under the federal 20-day rule, the new hire report is due by December 6, but a state with a 7-day rule would need it much sooner.
How to store new hire records
Where a form lives matters as much as whether you have it. Use three kinds of files:
- I-9 file. Keep all employees' I-9s together in one binder or electronic folder, apart from personnel files. No federal rule says they must be separate, but it is widely recommended: a federal inspection notice usually gives employers just three business days to produce I-9s, and a separate file lets you hand them over without exposing reviews or pay history. If you copy employees' documents, copy them for every employee, not only some, and keep the copies with the I-9.
- Confidential medical file. Under the Americans with Disabilities Act, medical information about employees must be kept confidential and in files separate from the personnel file. This includes doctor's notes and health questions on benefits forms.
- Personnel and payroll file. Offer letter, W-4, state withholding form, pay notice, direct deposit form, acknowledgments and emergency contacts.
| Record | Keep for at least | Source |
|---|---|---|
| Form I-9 | 3 years after hire or 1 year after employment ends, whichever is later | USCIS |
| Form W-4 and other employment tax records | 4 years after filing the fourth-quarter return for the year | IRS |
| Payroll records (hours, pay rates, totals) | 3 years | Department of Labor, FLSA |
| New York pay notice acknowledgment | 6 years | New York Labor Law 195 |
States often set longer periods for payroll and personnel records, so follow whichever rule is longest. Limit access to people who need it, and lock paper files that hold Social Security numbers and bank details.
Going paperless with onboarding documents
You can usually run new hire paperwork entirely online. The federal Electronic Signatures in Global and National Commerce Act (ESIGN Act) says a signature, contract or record may not be denied legal effect only because it is in electronic form. Most states have adopted a similar law, the Uniform Electronic Transactions Act.
- W-4: the IRS allows electronic W-4 systems, as long as the system meets its requirements, such as an electronic signature under penalties of perjury.
- I-9: USCIS allows employers to complete and keep Forms I-9 electronically, provided the system meets federal standards for signatures, audit trails and retrieval. You still examine documents in person unless you qualify for the E-Verify remote option.
- State notices: California's Labor Commissioner says the 2810.5 notice can be given electronically if employees can acknowledge receipt and print a copy. Check other state notices one by one.
Good e-signature practice: let the employee choose paper if they ask, give them a copy of every signed document, and record the date and time of each signature. Paperless also fixes the most common problem with paper onboarding, which is a missing form nobody notices until the first payroll. When forms are completed on a phone before day one, payroll can be set up before the first shift. Our guide to employee onboarding covers the rest of the first weeks.
Frequently asked questions
What paperwork is legally required for a new employee?
Federally, every new employee completes Form I-9 and Form W-4, and the employer reports the hire to the state new hire registry within 20 days or the state's shorter deadline. Most states with an income tax add a state withholding form, and some states, such as California and New York, require a written pay notice at hire.
Can a new hire fill out paperwork before their first day?
Yes, once they have accepted the job offer. The W-4, direct deposit form and most other documents can be completed before day one. The employee can fill out I-9 Section 1 any time after accepting the offer, but no later than the first day of work, and you complete Section 2 within three business days of that first day.
How long do I have to keep new hire paperwork?
Keep each Form I-9 for three years after the hire date or one year after employment ends, whichever is later. The IRS says to keep employment tax records, including W-4s, for at least four years. New York pay notice acknowledgments must be kept for six years, and other state rules can be longer.
Should I-9 forms be kept in the personnel file?
It is best practice to keep them apart. Store I-9s in one separate binder or electronic folder for all employees, so you can hand them over quickly in an inspection without exposing performance notes, pay history or medical information. Keep medical records, such as benefits health forms, in their own confidential file.
Can new hires sign onboarding documents electronically?
Generally yes. The federal ESIGN Act says a signature or record cannot be denied legal effect only because it is electronic. The IRS accepts electronic W-4s and USCIS allows electronic Form I-9 systems that meet its rules. Give employees a copy of what they signed, and check any state rules for specific notices.