An I-9 Form is crucial to verifying the identity and employment authorization for people hired in the United States. Failing to follow the law could mean severe consequences.
Every U.S. employer is legally required to verify the identity and work authorization of each person they hire. This is done using Form I-9, a critical document that must be properly completed, stored, and made available for inspection upon request. Whether you run a small business or manage compliance for a large organization, following I-9 rules is essential to avoid costly penalties.
Our business immigration attorneys work with employers across industries to implement strong I-9 policies, correct errors, and stay prepared for audits. We help protect your business by making sure your hiring practices meet all federal requirements.
Form I-9 is used to verify the identity and employment eligibility of every person hired for a job in the United States. All U.S. employers, regardless of size, must ensure that:
The employer must review the employee’s documents in person (or through an approved remote process) and ensure that the documents reasonably appear to be genuine and relate to the person presenting them.
Proper I-9 compliance protects your business from legal and financial risk. A single audit can expose years of errors, leading to:
Strong I-9 policies also help streamline HR operations, improve consistency across locations, and reduce risk during acquisitions or regulatory audits.
Every paid employee working in the United States must complete Form I-9, regardless of citizenship or immigration status. This includes U.S. citizens, green card holders, and foreign nationals with work authorization.
You do not need to complete Form I-9 for:
However, employers are still responsible for ensuring that individuals hired through staffing agencies or subcontractors are properly documented. In some cases, the liability for noncompliance may still fall on the primary employer.
Employers must retain Form I-9s for three years after the date of hire or one year after the employee’s termination, whichever is later. Forms can be stored:
However, they must be readily available within three business days if requested by federal agencies like the Department of Homeland Security (DHS), Department of Labor (DOL), or Department of Justice (DOJ). Failure to produce forms in time can result in penalties, even if the forms are otherwise correct.
I-9 audits are typically initiated by Immigration and Customs Enforcement (ICE) or the Department of Labor through a Notice of Inspection (NOI). Employers must produce all requested I-9 forms within three business days of receiving the notice.
During the audit, investigators may:
At the conclusion of the audit, ICE may issue a Notice of Intent to Fine (NIF) if violations are found. Employers often have a limited window to correct certain technical errors, but not all mistakes are fixable after the fact.
Many employers make I-9 errors without realizing it. Some of the most common include:
These errors can lead to fines even if all employees were legally authorized to work.
Employers don’t have to manage I-9 compliance alone. Our St. Louis immigration attorneys provide comprehensive support to help you avoid costly mistakes and stay prepared for audits.
We can help:
Whether you’re building a program from scratch or reviewing existing practices, we’ll make sure your process is efficient, lawful, and audit-ready.
Acceptable documents include U.S. passports, permanent resident cards, driver’s licenses with Social Security cards, and other forms listed on the official I-9 instructions. The employee chooses which documents to present.
If you have reason to believe a document is fake or doesn’t belong to the employee, you must not accept it. Consult an attorney immediately to avoid discriminatory practices or legal violations.
Most employers are not required to use E-Verify, but some government contractors and state employers must. E-Verify can be a useful compliance tool if used correctly.
Make a single-line strikeout, write the correction, and initial and date it. Never erase or overwrite information. Always document who made the correction.
Yes, but employers must follow DHS guidance for remote verification or designate an authorized representative to complete Section 2 in person.
Whether you’re preparing for an audit, fixing past errors, or building a better HR process, our attorneys are here to help. Contact our immigration law firm today to schedule a consultation and get expert guidance on staying compliant with I-9 regulations.