Form I-9 Compliance: A Practical Checklist for Small Employers

Form I-9, Employment Eligibility Verification, is required for every person hired to work in the United States, including U.S. citizens. It is administered by U.S. Citizenship and Immigration Services (USCIS), and Immigration and Customs Enforcement (ICE) is the agency that audits it.

The timeline you cannot miss

1. 01Section 1 (employee information and attestation) must be completed by the employee no later than their first day of employment. It may be completed after the job offer is accepted, but never before.
2. 02Section 2 (employer review of documents) must be completed within three business days of the employee's first day of work for pay.
3. 03If the assignment is shorter than three business days, Section 2 must be completed by the end of the first day.

Documents: let the employee choose

The employee chooses which acceptable documents to present — either one List A document (identity and work authorization together, such as a U.S. passport) or one List B document (identity) plus one List C document (work authorization, such as an unrestricted Social Security card). Specifying which documents an employee must produce, or asking for more than required, is document abuse and is unlawful.

Retention and storage

• Keep I-9s for three years after the date of hire, or one year after employment ends — whichever is later.
• Store I-9s separately from personnel files. That way an audit exposes only the I-9s, not the rest of the employee record.
• Do not staple copies of identity documents into the personnel file unless you retain copies consistently for every employee.

Remote verification

Since August 2023, employers enrolled in E-Verify and in good standing may use an alternative procedure to examine documents remotely over live video, provided they retain clear copies of the documents and check the corresponding box on the form. Employers not enrolled in E-Verify must still examine original documents in person, either themselves or through an authorized representative.

The five mistakes we see most

• Missing signatures or dates in Section 1 or Section 2 — the single most common technical violation.
• Completing Section 2 late and back-dating it. Back-dating turns a paperwork fine into a potential fraud allegation.
• Failing to re-verify expiring work authorization by the expiration date (note: permanent resident cards and List B identity documents are generally not re-verified).
• Using an outdated edition of the form. Always confirm the edition date printed on the form against the current USCIS version.
• No internal audit process. A self-audit performed consistently and documented in good faith is a mitigating factor if ICE ever knocks.

This article is general information, not legal advice. Employment law varies by state and situation — confirm specifics with counsel or with our HR & Compliance team.