Form I-9, Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services document that every employer in the United States must complete for each new employee, regardless of citizenship or immigration status. The employee completes Section 1 attesting to their citizenship or immigration status, while the employer reviews original identity and work-authorization documents in Section 2. The form is not filed with USCIS; it is retained by the employer and must be available for federal inspection.
Employees must complete and sign Section 1 no later than their first day of employment, but not before accepting a job offer. Employers then have three business days after the employee’s start date to examine acceptable documentation from List A, or one document each from List B and List C, and complete Section 2. Reverification or rehire situations are handled separately using Supplement B.
Form I-9 compliance carries serious exposure: civil penalties for paperwork violations, and far steeper fines for knowingly employing unauthorized workers, can accumulate per form during an ICE audit. Immigration Professional Association helps employers build compliant I-9 policies, conduct internal self-audits before regulators do, and correct errors the right way without triggering discrimination claims under the form’s strict anti-discrimination rules.
The anti-discrimination notice on Form I-9 means employers cannot dictate which acceptable documents an employee presents for Section 2, nor demand extra documentation beyond what the lists require. Specifying documents based on an employee's perceived citizenship, immigration status, or national origin can constitute unlawful discrimination, exposing employers to Department of Justice civil rights enforcement actions and back-pay liability.
Employers must physically examine identity and work-authorization documents and complete Section 2 within three business days of the employee's first day of employment. Missing this window, even for administrative reasons, is treated as a substantive violation during an I-9 audit. Building a consistent intake procedure for every new hire is the most reliable way to avoid missed deadlines and resulting fines.
Employers must retain each Form I-9 for as long as the person is employed, plus either three years from the hire date or one year from termination, whichever is later. ICE can issue a Notice of Inspection with as little as three days' notice, and missing, incomplete, or improperly corrected forms each carry separate penalty exposure, making proactive self-audits essential.
Before submitting your application, always confirm that you are using the most recent edition of the form available from USCIS.gov. Filing outdated forms may result in rejection.
Drafting employer-specific I-9 procedures, intake checklists, and training materials to ensure consistent, non-discriminatory completion across all new hires. Average budget: $1,500–$4,000.
Reviewing an employer’s existing I-9 files for completeness, timeliness, and document errors, with a corrective action plan before a government audit occurs. Average budget: $2,000–$6,000.
Assisting employers with E-Verify registration, system configuration, and integration of E-Verify procedures alongside Form I-9 completion. Average budget: $800–$2,000.
Representing an employer after receiving a Notice of Inspection, including document production, deadline management, and communication with ICE auditors. Average budget: $3,500–$10,000.
Advocating on behalf of an employer facing proposed civil penalties following an audit, including negotiating fine reductions and corrective compliance terms. Average budget: $4,000–$15,000.
Conducting live or recorded training for HR staff on proper Form I-9 completion, acceptable documents, and avoiding discriminatory practices. Average budget: $1,200–$3,500.
Advising employers on correctly completing Supplement B for employees requiring reverification of work authorization or rehire within three years. Average budget: $600–$1,800.
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