Form I-9 compliance rules require every U.S. employer to verify each new hire’s identity and work authorization on Form I-9, Employment Eligibility Verification, within three business days of the hire date, store the completed form for a set retention period, re-verify when work authorization expires, and avoid asking for specific documents in a way that could look like discrimination. The obligation comes from the Immigration Reform and Control Act of 1986 and applies to every business regardless of size.1U.S. Equal Employment Opportunity Commission. Immigration Reform and Control Act of 1986 Get it wrong and penalties run from a few hundred dollars per form to nearly $29,000 per unauthorized worker, with criminal exposure for repeat or knowing violations.
Who Completes Which Section, and When
Form I-9 has two parts the employer needs to track for every new hire.
The employee fills out Section 1: full legal name, address, date of birth, and a checked box confirming status as a U.S. citizen, noncitizen national, lawful permanent resident, or noncitizen authorized to work.2U.S. Citizenship and Immigration Services. Form I-9 – Employment Eligibility Verification A Social Security number is required only when the employer uses E-Verify. The employee signs under penalty of perjury. If someone helps the employee complete the form because of a language barrier or disability, that person fills out the preparer/translator certification block.3U.S. Citizenship and Immigration Services. Completing Section 1, Employee Information and Attestation Section 1 must be finished no later than the employee’s first day of work for pay.
The employer completes Section 2 by physically examining the employee’s original documents and recording each document’s title, issuing authority, number, and expiration date, then signing a certification that the documents reasonably appear genuine.4U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification You have three business days after the hire date to do this. An employee who starts on Monday needs to be verified by Thursday. If the job itself will last fewer than three business days, Section 2 has to be completed on the first day of employment.5U.S. Citizenship and Immigration Services. Instructions for Form I-9, Employment Eligibility Verification Missing the deadline is itself a violation, even if the worker turns out to be fully authorized.
When the Employee Can’t Produce a Document in Time
If an employee’s original document is lost, stolen, or damaged, they can present a receipt showing they applied for a replacement. The receipt buys 90 days from the hire date, within which the employee must present the actual replacement or another acceptable document.6U.S. Citizenship and Immigration Services. Receipts Receipts are not acceptable at all for jobs lasting under three days.
Which Documents You Can Accept, and What You Cannot Ask For
The acceptable documents come from three lists.7U.S. Citizenship and Immigration Services. Form I-9 Acceptable Documents
- List A documents prove both identity and work authorization on their own. Examples: a U.S. passport, a Permanent Resident Card (Form I-551), or an Employment Authorization Document with photograph (Form I-766).
- List B documents prove identity only. Examples: a state driver’s license, a government photo ID, or a military ID.
- List C documents prove work authorization only. Examples: an unrestricted Social Security card, or a certified U.S. state or territory birth certificate.
An employee presents either one List A document or one List B plus one List C document. The choice is theirs, and this is where employers get into the most trouble. Federal law prohibits asking for a specific document, demanding more documents than the form requires, or rejecting documents that reasonably appear genuine when those actions are based on citizenship status, immigration status, or national origin.8Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices You cannot tell a new hire to bring a green card, insist on a passport, or require a Social Security card. Present the list; let them decide.9U.S. Citizenship and Immigration Services. Avoiding Discrimination in Recruiting, Hiring, and the Form I-9 Process The same rule applies at re-verification: you cannot require the employee to show the same type of document they presented originally.
The Department of Justice’s Immigrant and Employee Rights Section investigates these complaints, and employees have 180 days from the incident to file a charge.8Office of the Law Revision Counsel. 8 USC 1324b – Unfair Immigration-Related Employment Practices Document abuse penalties start at $100 per affected individual under the base statutory amounts, and separate discrimination violations carry penalties of $250 to $10,000 depending on prior history.
How Long to Keep the Forms, and Where
Completed I-9 forms must be retained for three years after the date of hire or one year after the person’s employment ends, whichever is later.10eCFR. 8 CFR 274a.2 – Verification of Identity and Employment Authorization For long-tenured employees, that effectively means one year past the termination date.
Forms can be kept on paper, microfilm, microfiche, or in an electronic system. USCIS recommends storing I-9s separately from general personnel files so you can produce them quickly during an inspection.11U.S. Citizenship and Immigration Services. Retention and Storage If you made photocopies of the employee’s supporting documents, store those with the I-9. Electronic systems must include controls against unauthorized changes, a complete audit trail of access and modifications, and regular quality assurance checks.12U.S. Citizenship and Immigration Services. Form I-9 and Storage Systems
Re-Verification and Rehires
When an employee’s work authorization has an expiration date, you must re-verify before that date passes by recording the new document information in Supplement B (formerly Section 3). If the employee cannot show continued authorization, employment has to end.13U.S. Citizenship and Immigration Services. Completing Supplement B, Reverification and Rehires
Some employees are never re-verified. U.S. citizens, noncitizen nationals, and lawful permanent residents who presented a Permanent Resident Card originally are exempt because their work authorization does not expire.13U.S. Citizenship and Immigration Services. Completing Supplement B, Reverification and Rehires A common error is re-verifying these employees anyway, or re-verifying when an identity document (like a driver’s license) expires. Only the actual employment authorization triggers re-verification.
Rehiring a former employee within three years of their original I-9 date is easier: you can either complete a new I-9 or update the existing form using Supplement B. If you use the existing form, check it for errors first, because you are vouching for its accuracy again.
Name changes from marriage, divorce, or court order do not require a new I-9. USCIS recommends noting the new legal name in Supplement B and signing and dating the attestation. No new documents need to be examined. Only when the change is so extensive that the form cannot be linked to the original information does a new I-9 make sense.
Fixing Mistakes on a Form You’ve Already Filed
Errors happen, and USCIS has a specific correction method. For a mistake in Section 2 or Supplement B, draw a line through the incorrect information, write the correct information nearby, and initial and date the correction.14U.S. Citizenship and Immigration Services. Self-Audits and Correcting Mistakes Never use correction fluid. If someone already did, attach a signed and dated note explaining what happened.
You cannot fix Section 1 yourself. That section belongs to the employee, and the employee has to make the correction. When a form has so many errors that individual fixes would be illegible, redo the section on a new form and attach it to the original, with a note explaining why.14U.S. Citizenship and Immigration Services. Self-Audits and Correcting Mistakes Periodic self-audits catch these problems long before an inspector does.
Remote Examination and E-Verify
Employers enrolled in E-Verify in good standing can examine I-9 documents remotely through a live video interaction instead of an in-person review. The employee sends copies of the documents, then displays the originals on video so the employer can confirm they match and appear genuine.15U.S. Citizenship and Immigration Services. Remote Examination of Documents The employer checks a box on the form indicating the alternative procedure was used and keeps clear, legible copies of both sides of every document. If you use the procedure at a hiring site, apply it consistently there, though you may limit it to remote hires while examining onsite workers in person.
E-Verify itself is the federal government’s online check against Social Security Administration and DHS databases. It is voluntary for most private employers, but federal contractors with contracts exceeding $150,000 are generally required to use it, and roughly nine states mandate it for all or most private employers with varying exemptions.16E-Verify. Who is Affected by the E-Verify Federal Contractor Rule
What Non-Compliance Costs
Penalties are set by 8 U.S.C. ยง 1324a and adjusted annually for inflation.17Office of the Law Revision Counsel. 8 USC 1324a – Unlawful Employment of Aliens The most recent adjustment sets these ranges:18Federal Register. Civil Monetary Penalty Adjustments for Inflation
- Paperwork violations: $288 to $2,861 per form. This covers missing signatures, blank fields, and late completion.
- Hiring unauthorized workers, first offense: $716 to $5,724 per worker.
- Second offense: $5,724 to $14,308 per worker.
- Third or subsequent offense: $8,586 to $28,619 per worker.
- Criminal penalties for a pattern or practice of knowingly hiring unauthorized workers: fines up to $3,000 per worker and up to six months of imprisonment.19U.S. Citizenship and Immigration Services. 11.8 Penalties for Prohibited Practices
Within each range, the government weighs business size, seriousness of the violation, good faith, and prior violation history.17Office of the Law Revision Counsel. 8 USC 1324a – Unlawful Employment of Aliens
Enforcement usually begins with a Notice of Inspection from Immigration and Customs Enforcement. After receiving it, you have at least three business days to produce your I-9 forms.20U.S. Immigration and Customs Enforcement. Form I-9 Inspection Under Immigration and Nationality Act 274A Agents check the forms for completeness, compare them against payroll records, and look for evidence of unauthorized employment. Outcomes range from a warning to a formal fine. Employers who run regular self-audits, standardize their process across locations, and train the people who handle document review consistently fare better when that notice arrives.
Using the Current Form
USCIS periodically revises Form I-9, and using an expired edition is itself a violation. The current edition date is 01/20/25, and employers using electronic I-9 systems must move to the version with the 05/31/2027 expiration date by July 31, 2026.4U.S. Citizenship and Immigration Services. I-9, Employment Eligibility Verification The form is free to download from the USCIS website. A yearly calendar reminder to check for updates prevents an easily avoidable fine.