Form I-9 Compliance Frequently Asked Questions

Why must an employer complete the Form I-9? U.S. employers are required by law to verify the employment eligibility of ALL workers regardless of the workers national origin or immigration status. This includes all U.S. citizens. Employers who fail to comply with the requirements of the Form I-9, Employment Eligibility Verification may face huge fines and in some cases criminal penalties including jail time for non-compliance.

Where can I get the Form I-9 and instructions? You may download the Form I-9 from our RESOURCES section. Always use the most current version of the I-9 to avoid non-compliance penalties. Instructions for completing the Form I-9 are available at www.I-9SurvivalGuide.com as well.

What happens if my business is audited by ICE?  All businesses are subject to inspection by Immigration and Customs Enforcement (ICE).  ICE agents will visit your business and serve a Notice of Inspection. In order to comply with the notice, you must produce all of the I-9 forms requested within 3 business days. Usually, ICE will request to see all current employees’ I-9s as well as all of your past employee's Forms I-9 going back 3 years.  Failure to produce the requested I-9s will carry the maximum fine allowable by law of $1,100 per form. 

We have our employees fill out I-9s so we’re okay, right?  Not necessarily.  Most I-9s contain errors and omissions that will cost an employer stiff penalties.  Simple clerical errors cost a minimum of $110 per error. Some mistakes carry the maximum fine for technical violations of $1,100.  Penalties for mistakes and clerical errors add up quickly.

How long after I hire someone do I have to complete the Form I-9? The law requires the employer to verify the employment eligibility of each new hire using the Form I-9 within 3 days of hire, however if someone only works 1 day, they must have a completed Form I-9 on file. A person is considered "hired" when he or she begins to work for you.

I KNOW the person I just hired is a U.S. Citizen; do I still have to complete a Form I-9? Absolutely! Employment eligibility verification applies to all new hires, even if you are sure the person is a U.S. Citizen. Failing to complete the Form I-9 process for all employees will result in non-compliance costing you thousands of dollars in fines and may even result in charges of illegal discrimination.

Do I have to do I-9s for independent contractors or sub-contractors? No, however, you must not knowingly hire independent contractors or sub-contractors to circumvent the law against hiring unauthorized workers. Wal-Mart paid over $11 million in penalties for using sub-contractors to clean their stores who were hiring undocumented workers.  Companies that use independent and subcontractors should address employment eligibility verification in their corporate Compliance Plan. 

Someone presented a U.S. Passport Card; can I accept that as a List A document? Yes. The U.S. Passport Card is a wallet-sized, fully valid passport that attests to U.S. Citizenship and the identity of the bearer. It is considered a U.S. Passport for purposes of the Form I-9 and proof of employment eligibility. 

What if a new hire cannot provide the required documents within 3 business days of the date employment began? If the employee is unable to provide the appropriate documents as required by the I-9 form within 3 business days of hire, in some cases he or she may provide certain receipts showing they have applied for a replacement of the document in question. Not all receipts are acceptable for employment eligibility verification; I-9SurvivalGuide.com has guidance for employers concerning the receipt rule.  If an employee cannot provide an appropriate document or receipt within 3 days of hire, the employer must terminate that person or face huge penalties for non-compliance.

May I accept an expired document? No. This is a change with the Form I-9 issued April 3, 2009. There are some very specific exceptions to this rule concerning I-766, Employment Authorization documents, I-551, Permanent Resident Cards, and individuals under the Temporary Protected Status (TPS) program. Visit www.I-9SurvivalGuide.com for further guidance.

How long do I have to keep Forms I-9? An employer must retain all Forms I-9 for 3 years after the date employment begins or for 1 year after the date employment is terminated, whichever is later. There are special rules that apply to agricultural employers and farm laborers I-9 forms. Failing to maintain I-9s for the appropriate amount of time, failing to update expired work authorization documents, or the inability to find the forms when served with a Notice of Inspection are all circumstances that are costing employers thousands of dollars in fines.

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