Every employer in the United States is required to complete Form I-9 for each individual they hire, regardless of citizenship or immigration status. With increased government audits and higher potential fines, maintaining strong Form I-9 compliance is more important than ever for businesses of all sizes.
This NPZ update provides clear, practical guidance to help employers meet their obligations and avoid penalties.
1. Why Accurate Form I-9 Completion Matters
The Form I-9 verifies two things:
- The employee’s identity, and
- Their authorization to work in the United States.
U.S. Immigration and Customs Enforcement (ICE) regularly conducts audits to check for errors, missing forms, or outdated documents. Even first-time technical violations can result in fines, and repeated or serious violations may lead to more severe penalties.
2. Section 1: Completed by the Employee
The employee must complete and sign Section 1 no later than the first day of work.
Key employer responsibilities:
- Ensure the employee completes Section 1 on time
- Never fill out Section 1 for an employee
- If using E-Verify, the employee must provide their SSN, even if they choose different documents for Section 2
3. Section 2: Completed by the Employer
Employers must complete Section 2 within three business days of the employee starting work for pay.
Employers must:
- Physically examine original, unexpired documents
- Review documents from the Lists of Acceptable Documents
- Accept only the minimum required documentation
- Avoid steering or suggesting which documents the employee should present
Employers may not:
- Accept more documents than required
- Refuse valid documents
- Use the Spanish version of Form I-9 unless authorized (e.g., Puerto Rico)
4. Section 3: Reverification When Required
Reverification is required only when an employee’s work authorization has an expiration date.
Employers must:
- Track expiration dates of temporary work authorization
- Request updated proof of continued authorization
- Reverify before the current authorization expires
U.S. citizens and permanent residents are not subject to reverification.
5. Understanding E-Verify
E-Verify compares Form I-9 data with records from the Department of Homeland Security and the Social Security Administration.
If your company participates:
- Create an E-Verify case no later than the third business day after the employee starts work
- Follow the required steps if the system issues a Tentative Nonconfirmation (TNC)
- Never take action against the employee until the process is resolved
6. Best Practices to Protect Your Business
To reduce risk and strengthen compliance, employers should:
Conduct Regular Internal Audits
Review existing I-9s for missing signatures, incorrect dates, or expired documentation.
Use Standardized Procedures
Ensure HR teams follow the same steps for every hire.
Train HR Staff Regularly
Policies change. Regular training reduces errors.
Store I-9s Properly
Forms must be retained for the required period and made available during inspections.
Seek Legal Guidance When Needed
If there is uncertainty about how to complete or correct a Form I-9, employers should seek help before a mistake becomes a liability.
Conclusion
Form I-9 compliance is an important part of every employer’s legal responsibility. By completing each section properly, monitoring reverification deadlines, and maintaining accurate records, businesses can reduce their risk of penalties and ensure compliance with federal law.
NPZ Law Group assists employers with Form I-9 reviews, E-Verify guidance, and I-9 compliance programs.
FAQs — Form I-9 Compliance (2026)
1. How soon must Form I-9 be completed?
Section 1 must be completed on or before the employee’s first day; Section 2 must be completed within three business days.
2. Can employers tell employees which documents to present?
No. Employers must allow employees to choose any valid document combination from the official lists.
3. Does every employee need to be reverified?
No. Only those with temporary work authorization. U.S. citizens and permanent residents do not need reverification.
4. What happens during an ICE audit?
ICE reviews I-9s for accuracy, missing forms, and documentation issues. Errors can result in significant fines.
5. Do remote workers follow the same rules?
Yes. Employers must follow approved DHS remote document inspection rules or complete an in-person examination, depending on current DHS policy.
Contact Information
If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please do not hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by emailing info@visaserve.com or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at www.visaserve.com for more information.