Form I-9 is the form employers use to check who an employee is and whether that person is legally allowed to work in the United States. Employers generally must complete and keep it for every new employee hired after November 6, 1986 and working in the United States, including U.S. citizens.
I-9 compliance means following the rules for completing the form, checking documents, and keeping records. Mistakes can lead to fines during a review by U.S. Immigration and Customs Enforcement (ICE). These ten tips can help business owners reduce compliance risks and prepare for a potential government inspection.
1. Use an Accepted Edition of Form I-9
U.S. Citizenship and Immigration Services (USCIS) publishes Form I-9 and its instructions. Before completing a new form, check the USCIS Form I-9 page to confirm which editions are accepted and whether any transition deadlines apply.
Employers using electronic I-9 systems should also confirm that their software uses an accepted version. Do not assume that a previously downloaded form is still valid for new hires.
2. Complete Section 1 on Time
Section 1 is the employee’s part of the form. It asks for personal details and a signed statement about citizenship or immigration status. Employees must complete and sign it by their first day of work for pay Employers should review Section 1 for missing required information without requesting unnecessary documentation or questioning employees about their immigration status beyond what is required for Form I-9 compliance. Such practices may violate federal anti-discrimination laws. Anyone who helps fill it out or translate it must complete the separate preparer or translator certification.
Business owners are not automatically exempt from I-9 requirements. If you own a corporation or another separate business entity and are also employed by that business, you generally must complete Form I-9 for yourself, just like any other employee. This commonly includes owners who receive wages reported on Form W-2.
3. Complete Section 2 Within Three Business Days
Section 2 is the employer’s part, where the employer records and verifies the employee’s documents. Complete and sign it within three business days after the first day of work for pay. For jobs lasting fewer than three business days, it is due on the first day. Generally, examine original documents in person. Check USCIS instructions before using remote review, accepting a receipt in place of a document, or relying on an extension of a document’s validity.
4. Allow Employees to Choose Acceptable Documents
Form I-9 includes three lists of acceptable documents.
a. List A proves both identity and permission to work;
b. List B proves identity; and
c. List C proves permission to work.
Employees must provide either acceptable List A documentation or one document from List B plus one from List C. For example, a valid U.S. passport qualifies by itself under List A. A valid U.S. driver’s license (List B) can be paired with a Social Security card without work restrictions (List C). Employees do not need documents from all three lists. Let employees choose their acceptable documents without demanding specific or unnecessary additional documents.
5. Understand when E-Verify is required
E-Verify is an online government system that compares information from Form I-9 with government records to check whether an employee is allowed to work. Employers using it must still complete Form I-9. Arizona Law requires Arizona employers to use E-Verify for new hires. Check the requirements that apply to your business and keep the required verification records.
6. Review and Keep I-9 Records
Regularly check for missing forms, incomplete answers, and missed deadlines. Store records securely where they can be retrieved for an inspection. Keep each employee’s form throughout employment. After the employee leaves, keep it until the later of two dates: three years after the hire date or one year after employment ends. Keep any required attachments with the form.
7. Correct Errors Carefully
Employees should correct their Section 1 entries; employers should correct the sections they completed. For paper forms, draw a line through incorrect information so it remains readable, enter the correction, and initial and date it. Never hide an error or use an earlier date to make a late form appear timely. Electronic corrections must also preserve a record of the changes. Follow USCIS guidance for the particular error.
8. Respond Promptly to a Notice of Inspection
A Notice of Inspection is a formal request to provide I-9 records for government review. Employers generally receive at least three business days to provide the forms. ICE may also request payroll records, employee lists, and other business records. Preserve existing records and contact an immigration lawyer promptly for help preparing the response. Do not assume that extra time will be granted.
9. Do Not Assume Fixing an Error Prevents a Fine
Some paperwork errors, legally called technical or procedural failures, may qualify for a correction period of at least ten business days after notice. More serious violations, such as failing to prepare a required I-9, can lead to fines without the opportunity to make corrections. The legal category matters: do not assume an error is minor or that correcting it later removes the risk of a fine. Seek advice if the distinction is unclear.
10. Check Electronic I-9 Systems
If you use software to complete or store I-9s, your business remains responsible for following the rules. Check that the system supports valid electronic signatures, keeps accurate records, and maintains an audit trail: a record of actions such as creating or changing a form, including who acted and when. Make sure you can retrieve forms and supporting records for an inspection.
A Final Word:
I-9 paperwork mistakes can lead to fines even when employees are legally allowed to work. A pattern or practice of knowingly hiring or continuing to employ people who are not allowed to work can also lead to criminal charges. Regular internal audits, appropriate staff training, and proactive legal guidance can help employers identify compliance problems before they become costly.
Is Your Business Prepared for an I-9 Inspection?
Jessica White Law helps employers navigate federal employment verification requirements, conduct internal I-9 audits, address compliance concerns, and respond to government inspections.
Contact Jessica White Law today to schedule an I-9 compliance consultation and take proactive steps to protect your business.
This article is provided for general informational purposes only and does not constitute legal advice or establish an attorney-client relationship. Immigration laws and regulations are subject to change, and their application depends on the specific circumstances of each case. Consult a qualified immigration attorney before making any decisions based on the information provided.