What Is I-9 Compliance? What Employers Should Know | WorkBright

This guide breaks down everything you need to know about I-9 document verification, covering legal requirements, best practices, and helpful tools for HR pros. By understanding the details of Form I-9, document checks, and ongoing compliance, employers can confidently manage the complexities of employment eligibility.

Understanding Form I-9 and its importance

Legal requirements for employers

HR professionals know that navigating employment eligibility verification can feel like a maze, but getting it right is essential to staying compliant and avoiding expensive legal headaches. The Form I-9 isn't just paperwork—it's your business's ticket to compliance with the Immigration Reform and Control Act (IRCA). Within three business days of a new hire's start date, employers must verify their identity and work authorization—no exceptions/

Consequences of non-compliance

The stakes for non-compliance with I-9 requirements are exceptionally high. Section 274A of the Immigration and Nationality Act outlines severe civil and criminal penalties for violations^[1]. When ICE discovers discrepancies during an inspection, employers receive a Notice of Inspection (NOI) and must produce I-9 forms within three business days--emphasizing the need for organized, accessible records.

For technical violations, a 10-business-day correction period is granted before fines are imposed^[2]. More serious infractions, such as knowingly hiring unauthorized workers, can lead to substantial fines, potential criminal prosecution, and even debarment from government contracts.

The I-9 document verification process

A meticulous verification process is essential for regulatory compliance and fraud prevention.

Proper completion of Form I-9

Form I-9 unfolds across three sections, each demanding precision. Section 1, completed by the employee on their first day, requires their full legal name, address, and a sworn attestation of work authorization. Employers then examine original identity and work authorization documents in Section 2, meticulously recording details like title, issuing authority, number, and expiration date. Automated systems can help ensure accuracy and catch potential errors.

Timelines and deadlines for submission

Staying on top of I-9 deadlines is as crucial as filling out the form correctly. Employees must complete Section 1 by their first day, while employers have just three business days to verify documents^[3]. Though document review can occur before the first day, physical examination of originals is mandatory^[2].

Additionally, I-9 forms must be retained for three years after hire or one year post-employment, whichever is later. In cases of technical violations, a 10-business-day correction period is provided^[2].

The two supplements you can't ignore

Form I-9 isn't just Sections 1 and 2. There are two supplements that come into play in specific situations—and skipping them when they're required is a compliance violation.

Supplement A: preparer and/or translator certification

When an employee needs help completing Section 1—whether because of a language barrier, physical limitation, or other reason—someone can assist them. But that assistance comes with paperwork.

The person who helps prepare or translate Section 1 must complete Supplement A, which includes their name, address, and signature certifying that they assisted the employee. This applies whether the helper is an HR team member, a professional translator, or the employee's family member.

Important: Even with a preparer or translator's help, the employee must still sign Section 1 themselves. The supplement documents the assistance—it doesn't replace the employee's own certification.

Supplement B: reverification and rehire

Supplement B handles three distinct situations:

1. Reverification: When an employee's work authorization expires, you'll use Supplement B to record their new documentation. Only employment authorization documents require reverification—identity documents like driver's licenses don't.
2. Rehire: If you rehire someone within three years of their original I-9 date, you can use Supplement B instead of completing an entirely new form—as long as their work authorization is still valid.
3. Name change: When an employee legally changes their name, record the new name in Supplement B to keep your records current.

Common challenges in I-9 compliance

Remote employee verification issues

The rise of distributed workforces has introduced complexities in I-9 compliance. Despite increased remote work, employers must still physically examine original documents within three business days of a new hire's start date[5]. To address this, many designate authorized representatives for in-person verification, though legal liability remains with the employer. For those enrolled in E-Verify, live video verification is an option if qualifying for the alternative procedure[6].

Managing expired documents

Tracking expired work authorization requires vigilance. When an employee's authorization expires, employers must reverify eligibility using Section 3 of the I-9 form--only for documents that serve as proof of employment authorization. Setting up alerts for upcoming expirations ensures timely collection of updated documents, as failure to do so may result in suspension of employment.

Once new documents are provided, record the title, number, and new expiration date with the necessary signatures, while understanding that certain identity documents do not require reverification.

Common I-9 mistakes at a glance

The most common I-9 mistakes that trigger fines during ICE inspections include:

• Missing or lost forms: No I-9 on file at all
• Incomplete or inaccurate information: Blank fields, wrong dates, unchecked boxes
• Missed deadline: Section 2 not completed within three business days
• Document collection problems: Accepting invalid documents or requesting specific/extra documents
• Reverification failures: Not tracking expiring work authorization
• Retention and destruction errors: Keeping forms too long or not long enough

Remember, you can’t keep I-9s forever

Most employers know they need to keep I-9 forms for a certain period. Fewer realize that keeping them too long is also a problem.

The retention calculation:

• Keep each I-9 for three years from the hire date, or…
• One year after the employee's termination date—whichever comes later.

After that window closes, federal law requires you to destroy the form. This isn't optional—it's a compliance requirement.

Why destruction matters:

• Audit liability: If ICE finds I-9s during an audit that should have been destroyed, those forms can be cited as violations—even if they were perfectly completed at the time.
• Privacy concerns: I-9s contain sensitive personal information. Retaining them longer than necessary increases your data security exposure.
• Storage burden: Whether paper or electronic, old forms take up space and complicate your record-keeping

Best practice: Build destruction into your I-9 workflow. When an employee terminates, calculate the destruction date immediately (hire date + 3 years or termination date + 1 year, whichever is later) and add it to your compliance calendar.

Implementing a robust I-9 compliance program

Leveraging technology transforms compliance challenges into streamlined solutions.

Utilizing technology for I-9 management

Using technology for I-9 management is essential for staying compliant. Modern software streamlines verification by guiding users through each form section, flagging errors, and sending timely alerts for document reverification. Integration with existing HR systems minimizes manual data entry errors and maintains digital audit trails. Cloud-based solutions offer secure storage that meets Department of Homeland Security standards, and many systems now incorporate E-Verify integration to complete checks within the required three-day window. Mobile-optimized tools further assist remote verification, making technology a powerful ally in I-9 compliance.

Audits and enforcement of I-9 compliance

Responding to Notices of Inspection

Receiving a Notice of Inspection (NOI) from ICE tests an organization's I-9 compliance. Once an NOI is issued, employers have only three business days to produce all I-9 forms and supporting documents, underscoring the need for organized records. During this period, HR should compile all original I-9s, employee document copies, payroll records, employee lists, and relevant business documents. Conducting an internal audit before submission can help correct technical violations, and designating a single contact for ICE communications streamlines the process.

Not all I-9 errors are created equal: technical vs. substantive violations

Understanding the difference between technical and substantive violations can mean the difference between a quick fix and an immediate fine.

Technical or procedural failures

These are minor mistakes that don't affect the form's validity or your ability to verify employment eligibility. Examples include:

• Using an older (but still valid at time of hire) version of Form I-9
• Minor typos in names or addresses
• Failing to date a signature (when other evidence shows timely completion)
• Not providing your business title or address

The good news: When ICE identifies technical errors during an inspection, you get at least 10 business days to correct them. Fix them in time, and you avoid the fine.

Substantive violations

These are serious errors that undermine the form's integrity. There's no correction window—fines apply immediately. Examples include:

• Failing to complete Section 2 within three business days of the hire date
• Not having an I-9 on file at all
• Accepting documents that don't appear on the Lists of Acceptable Documents
• Missing employee signature in Section 1
• Backdating forms (this can also trigger fraud concerns)
• Failing to reverify expired work authorization

No second chances: Substantive violations can't be corrected after the fact. The error is permanent, and the fine is assessed based on when the violation occurred—not when it was discovered. 

In Conclusion

I-9 compliance may seem like a lot to juggle, but staying on top of it is key to protecting your organization from penalties and headaches. By understanding the ins and outs of Form I-9 completion, staying on top of deadlines, and adopting technology solutions, employers can ensure they’re meeting all requirements efficiently. A proactive, well-organized approach—combined with the right tools—helps safeguard against mistakes, streamline verification processes, and maintain compliance with ease. Ultimately, staying prepared and informed will give you the confidence to tackle any compliance challenge that comes your way.