What Is the Purpose of the I-9 Form for Employment Verification?

Employers in the United States must verify that their employees are legally authorized to work, and the I-9 form is central to this process. This document ensures compliance with federal employment laws by requiring workers to provide proof of both identity and work authorization.

Understanding how the I-9 form functions is essential for both employers and employees to avoid legal and financial consequences.

Role in Validating Employment Authorization

The I-9 form prevents unauthorized employment by requiring verification of a worker’s legal status. Employers must complete this form for every new hire to comply with federal laws and avoid penalties.

Employees must attest to their work authorization status under penalty of perjury and provide official documents proving both identity and employment eligibility. Employers are responsible for reviewing these documents to ensure they appear genuine and match the individual presenting them. While not expected to be document authentication experts, they must make a reasonable effort to verify legitimacy.

The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) conduct audits to check compliance. If fraudulent documents or errors are found, businesses may face fines or other penalties, with the severity depending on the number of violations and whether unauthorized workers were knowingly hired.

Documentation Requirements

Employees must present documents that verify both identity and work authorization. These fall into three categories: those that establish both, those that confirm only identity, and those that prove only employment eligibility. Employers must ensure the documents are on the official list of acceptable forms and appear valid.

Acceptable Identity Documents

Identity documents confirm an employee’s identity but not work authorization. These include state-issued driver’s licenses, identification cards, and school IDs with a photograph. The document must contain identifying information such as name, date of birth, and a photograph or other biometric data.

For individuals under 18 without a formal ID, alternative documents such as a school record or report card may be used. Employers must confirm that the document is unexpired and issued by an official authority. If an employee provides an identity document, they must also present a separate document verifying their employment authorization.

Acceptable Employment Documents

Employment authorization documents confirm an individual’s legal ability to work but do not establish identity. Examples include a Social Security card (unless restricted), a birth certificate issued by a U.S. state, or an employment authorization document from DHS.

Some documents, such as a Social Security card, must be unlaminated to be valid. Work authorization documents issued to non-citizens may have expiration dates, requiring re-verification. Employers must ensure all documents are on the official list and appear legitimate.

Common Pitfalls in Document Selection

A frequent mistake is accepting expired documents, which are generally not valid for I-9 verification. Another issue arises when employees present documents that do not match their stated work authorization status, such as a restricted Social Security card.

Employers must also avoid requesting more documents than required, as this can lead to discrimination claims under the Immigration and Nationality Act. Additionally, failing to properly record document details on the I-9 form can result in compliance violations, even if the employee is authorized to work.

Employer Responsibilities for Compliance

Employers must ensure every I-9 form is completed accurately and on time. New hires must complete Section 1 no later than their first day of employment. Employers must complete Section 2 by reviewing the employee’s documents and certifying their validity within three business days of the hire date.

Training staff on proper I-9 procedures helps prevent errors. Human resources personnel or hiring managers should be familiar with common issues such as incomplete forms, missing signatures, or incorrect dates. Regular internal audits can identify mistakes early, allowing businesses to correct them before they become a liability. Employers should also stay updated on changes to I-9 requirements, as USCIS periodically revises the form and its associated rules.

Remote hiring adds complexity, as document verification must still be conducted in person unless an alternative method has been authorized by DHS. Employers using authorized remote verification must follow specific guidelines, such as retaining copies of documents and conducting live video interactions. Failing to adhere to these protocols can result in noncompliance.

Financial Implications of Errors

Mistakes in the I-9 verification process can lead to fines that accumulate quickly. Civil penalties for paperwork violations range from $272 to $2,701 per form, depending on the nature and frequency of the errors. If an employer knowingly hires unauthorized workers, fines increase significantly, starting at $676 and reaching up to $27,018 per violation. These penalties are adjusted periodically for inflation.

Beyond fines, businesses may incur legal expenses if subject to audits or investigations by ICE. Legal representation, compliance reviews, and potential litigation costs can add tens of thousands of dollars to an employer’s financial burden. Companies that receive a Notice of Inspection must review their records and respond within three business days, diverting attention from core operations. If violations are found, settlement negotiations or appeals can prolong financial uncertainty.

Poor recordkeeping can also damage a company’s reputation, affecting investor confidence and customer trust. Publicized enforcement actions, particularly involving major corporations, show how compliance failures can lead to stock price declines and lost business opportunities. Financial institutions and government contractors face additional risks, as I-9 violations can result in debarment from federal contracts or loss of funding.

Retention Obligations

Employers must retain completed I-9 forms for either three years after the hire date or one year after employment ends, whichever is later. Proper recordkeeping ensures businesses can quickly produce documentation if requested by ICE or DHS.

Storage methods must allow for timely retrieval while protecting sensitive employee information. Forms can be kept in paper, electronic, or microfilm formats, but they must be organized and readily available for inspection. Many businesses store I-9s separately from personnel files to streamline audits and reduce the risk of exposing unrelated personal data. Employers using electronic storage must comply with federal requirements for system security, audit trails, and data integrity. Failure to maintain records properly can result in penalties, even if all employees were authorized to work.