Understanding I-9 Employment Verification in the U.S.

The Form I-9 Employment Verification process is a legal requirement for all employers in the United States. Each employer must ensure that every employee is authorized to work in the country. The process applies to U.S. citizens, permanent residents, and foreign nationals with work authorization. Whether you operate a small business or manage a large corporation, strict adherence to Form I-9 rules is essential to avoid severe penalties and protect your organization from liability.

What Is Form I-9?

Form I-9 was introduced by the U.S. Citizenship and Immigration Services (USCIS) under the Immigration Reform and Control Act of 1986. Every employer must complete this form for each person they hire, regardless of citizenship or immigration status. The employee must provide important documents to prove both identity and authorization to work in the U.S. The employer must review these documents and record the information accurately.

There are three main sections of the I-9 form:

1. Employee Information and Attestation (Section 1): The employee fills out their name, address, and immigration status on or before the first day of work.
2. Employer Review and Verification (Section 2): The employer examines the employee’s documents and certifies their authenticity within three business days of the employee’s start date.
3. Reverification and Rehires (Section 3): This section is used when work authorization needs to be updated or when a former employee is rehired.

What Documents Are Accepted for I-9 Verification?

The I-9 process requires employees to present either:

• One document from List A verifies both an employee’s identity and their authorization to work in the United States. List A documents serve this dual purpose by confirming who the employee is and their eligibility for employment. Examples include a U.S. Passport or U.S. Passport Card, Permanent Resident Card (Green Card), Employment Authorization Document (Form I-766), or a Foreign Passport with Form I-94 showing valid work status.

Or

• One document from List B establishes only the employee’s identity and must be paired with a List C document to complete the verification process. Examples include a Driver’s License or State ID, a government-issued ID with a photograph, a School ID with photo, a Voter Registration Card, a U.S. Military Card, or a Native American Tribal Document.

List C Alternatives to the Social Security Card

Employees may present one of the following instead:

• Certification of Report of Birth issued by the U.S. Department of State
  • Form DS-1350, Form FS-545, or Form FS-240
• Original or certified copy of a birth certificate issued by a state, county, municipal authority, or U.S. territory bearing an official seal
• Native American tribal document
• U.S. Citizen Identification Card (Form I-197)
• Identification Card for Use of Resident Citizen in the United States (Form I-179)
• Employment Authorization Document (EAD) issued by the Department of Homeland Security — except Form I-766, which is classified as a List A document since it establishes both identity and work authorization.

Employers cannot request specific documents. The employee may choose which valid documents to present. Asking for more than what is required can be seen as discrimination under federal law.

What Are the Deadlines for Completing Form I-9?

Timing is crucial for I-9 compliance.

• Section 1 must be completed by the employee no later than their first day of work.
• Section 2 must be completed by the employer within three business days after the employee begins work.
• Employers must keep I-9 forms on file for three years after the date of hire or one year after employment ends, whichever is later. These records must be available for inspection by the Department of Homeland Security (DHS), the Department of Labor (DOL), or the Department of Justice (DOJ).

What Are the Penalties for Noncompliance?

Failure to comply with Form I-9 requirements can result in significant consequences:

• Paperwork Violations: Missing, incomplete, or improperly completed forms can result in fines ranging from $288 to $2,861 per form, even if the employee is authorized to work.
• Hiring Unauthorized Workers: Knowingly employing or continuing to employ individuals who are not authorized to work in the U.S. can result in penalties ranging from $716 for a first offense up to $28,619 for repeated violations, depending on the severity and size of the organization.
• Repeated or Intentional Violations: Persistent noncompliance may lead to criminal charges, loss of federal contracts, or audits by government agencies.
• Remote Verification Errors: Employers using E-Verify and the alternative remote inspection procedure must carefully follow all guidelines; errors in these virtual inspections can trigger penalties similar to in-person verification mistakes.

Often, employers are penalized not for hiring unauthorized workers, but for recordkeeping errors. Even minor mistakes—such as missing signatures, incorrect dates, or inaccurate document information—can result in substantial fines during an I-9 audit.

Enforcement Trends

Recent data indicate a significant rise in I-9 audits, with as many as 12,000 audits projected in 2025. This increase is driven by federal agencies using artificial intelligence and advanced data analytics to identify inconsistencies or potential errors in I-9 forms. These tools allow authorities to flag high-risk employers more efficiently, making it more likely that businesses with even minor mistakes will be selected for an audit. Consequently, maintaining accurate, up to date I-9 records has become more important than ever.

Special Considerations for Visa Holders

Verifying the I-9 for non-immigrant visa holders requires careful attention to specific document combinations and expiration dates, as their work authorization is often tied to their immigration status and the petition filed on their behalf.

I-9 Verification for H-1B Workers

H-1B employees typically present a combination of List A documents:

• Unexpired foreign passport
• Form I-94 (showing H-1B status and petition validity)
• Form I-797 (H-1B Approval Notice)

Key Employer Responsibilities:

• H-1B Portability: An H-1B employee can start working for a new employer as soon as the new employer files the I-129 petition. Employers should note “AC-21” and the filing date in Section 2’s “Additional Information” field.
• Extensions: If a timely extension is filed, the employee can work for 240 days. Employers must document this on Supplement B with “240-Day Ext.” and the Form I-129 receipt date.

I-9 Verification for F-1 OPT Workers

F-1 students on Optional Practical Training (OPT) must present documents reflecting their specific authorization.

• List A Document: Unexpired Form I-765 Employment Authorization Document (EAD)
• Reverification: For post-completion OPT, the “work until” date in Sections 1 and 2 must match the EAD card expiration date
• STEM OPT Extensions: Timely filing of the extension petition grants an automatic work extension. Employers must document this on Supplement B until a new EAD is issued.

How Can Employers Verify Work Authorization for Remote Hires?

With more companies hiring remote workers, the U.S. government has introduced a remote verification process. Employers who use E-Verify, an online system operated by the DHS in partnership with the Social Security Administration (SSA), can confirm an employee’s eligibility to work in the U.S. by checking their information against federal records.

Under the remote verification procedure, E-Verify employers can inspect employee documents through a live video call, provided they retain copies of all documents and clearly note that verification was conducted remotely. This flexibility allows businesses to stay compliant while accommodating remote or hybrid work arrangements.

Employers who do not participate in E-Verify must continue to conduct traditional, in-person inspections of employment eligibility documents. It is essential for HR departments and managers to follow the proper procedures according to their verification method to avoid penalties and ensure compliance.

How Can Attorneys Help Clients Stay Compliant?

Attorneys play a critical role in helping employers maintain I-9 compliance. Legal counsel can:

• Review clients’ employment eligibility verification policies.
• Conduct internal I-9 audits to correct errors before government inspections.
• Train HR teams to handle documentation properly and avoid discrimination against claims.
• Advise on complex cases, such as H-1B visa holders, foreign transfers, or corporate mergers, where verification rules may differ.

What Are the Best Practices for Employers?

Employers should follow these best practices to ensure full compliance:

• Use the latest version of Form I-9 from the USCIS website.
• Conduct regular self-audits to identify and fix errors early.
• Train HR staff on anti-discrimination laws related to document verification.
• Store completed I-9 forms separately from personnel files for easier access during audits.
• Maintain accurate records of remote verification if applicable.

By adopting these measures, businesses can minimize risks and ensure smooth onboarding processes for all employees.

Conclusion

I-9 employment verification is an important step in maintaining smooth and lawful hiring practices. By managing the process carefully, employers can build a compliant and trustworthy workplace. Attorneys can provide valuable support by helping businesses stay organized, confident, and up to date with changing regulations.