I-9 Employment Verification: A Complete Employer Guide

Every employer in the United States must verify the identity and employment authorization of each person they hire by completing Form I-9. Errors in I-9 completion are extremely common and can result in substantial fines. Understanding the requirements helps employers stay compliant.

Timing Requirements

The I-9 process has strict deadlines:

• Section 1: The employee must complete and sign Section 1 on or before their first day of employment (the actual start of work for pay)
• Section 2: The employer must examine the employee's identity and employment authorization documents and complete Section 2 within three business days of the employee's first day of employment
• Reverification: When an employee's employment authorization or document expires, reverification must be completed by the expiration date noted in Section 1

Employers may not begin the I-9 process before extending a job offer, though they may complete Section 1 and Section 2 after the offer is accepted but before the start date.

Acceptable Documents

Employees choose which documents to present from the Lists of Acceptable Documents:

• List A documents: Establish both identity and employment authorization (e.g., U.S. passport, Permanent Resident Card, Employment Authorization Document)
• List B documents: Establish identity only (e.g., driver's license, state ID card, school ID with photo)
• List C documents: Establish employment authorization only (e.g., Social Security card, birth certificate, employment authorization document issued by DHS)

An employee must present either one List A document or a combination of one List B and one List C document. The employer cannot specify which documents the employee must present.

Common I-9 Errors

The most frequent compliance errors include:

• Failing to complete the form within the required timeframe
• Accepting expired documents (List B documents cannot be expired)
• Over-documenting by requesting more documents than required
• Failing to reverify when employment authorization expires
• Leaving sections blank or incomplete
• Using an outdated version of the form
• Having the wrong person complete Section 2
• Not signing or dating the form
• Failing to retain I-9 forms for the required period

Storage and Retention

I-9 forms must be retained for a specific period:

• Retain each I-9 for three years after the date of hire or one year after the date of termination, whichever is later
• Forms may be stored on paper, microfiche, microfilm, or electronically
• Store I-9 forms separately from personnel files so they can be produced quickly in the event of a government audit
• Maintain an organized system that allows you to locate any employee's I-9 within three days of an inspection request

Handling Government Audits

If you receive a Notice of Inspection from ICE:

• You have three business days to produce your I-9 forms
• Cooperate with the inspection while protecting your legal rights
• Consult legal counsel immediately
• Do not alter, backdate, or destroy any I-9 forms
• Identify and attempt to correct technical errors during the inspection period if allowed

Penalties for I-9 violations range from several hundred to over two thousand dollars per form for substantive or uncorrected technical violations, with higher penalties for knowingly hiring or continuing to employ unauthorized workers.