Every employer in the United States has to complete a Form I-9 for every new hire. It’s a one-page form, but it’s also one of the most common sources of fines during government audits, often because of simple paperwork mistakes.
Here’s what I-9 compliance requires, the deadlines to know, and how to keep your records audit-ready.
What Is Form I-9?
Form I-9, Employment Eligibility Verification, is a federal form used to confirm that each new employee is who they say they are and is authorized to work in the United States.
It applies to every employee you hire, including part-time employees, family members on payroll, and U.S. citizens. It does not apply to true independent contractors.
The Key Deadlines
| Step | Who | Deadline |
|---|---|---|
| Section 1 | Employee | By the end of their first day of work |
| Section 2 | Employer | Within 3 business days of the first day of work |
| Reverification (Supplement B) | Employer | On or before the employee’s work authorization expires |
If someone is hired for fewer than three business days, both sections must be completed by the end of their first day.
Section 1: The Employee’s Part
The employee fills out their personal information and attests to their citizenship or immigration status. Employers should make sure Section 1 is complete, but shouldn’t tell the employee which status to choose or fill it out for them (unless acting as a properly documented preparer or translator).
Section 2: The Employer’s Part
The employee presents original, unexpired documents, and the employer reviews them to confirm they reasonably appear genuine and relate to the employee. The employee chooses which documents to provide from the lists of acceptable documents:
- One document from List A, which establishes both identity and work authorization (such as a U.S. passport or permanent resident card), or
- One document from List B (identity, such as a driver’s license) and one from List C (work authorization, such as a Social Security card or birth certificate)
An important rule: You can’t tell the employee which documents to bring or ask for more documents than the form requires. Doing so can be considered discrimination, even if it’s well intended.
How Long to Keep I-9s
You must keep each I-9 for whichever is later:
- 3 years after the date of hire, or
- 1 year after employment ends
Keep I-9s for current employees for as long as they work for you. Many employers store I-9s separately from personnel files, which makes audits easier and limits access to sensitive information.
E-Verify in Utah
E-Verify is an online system that compares I-9 information against federal records.
In Utah, private employers with 150 or more employees are required to use E-Verify or another status verification system for new hires. Smaller employers can choose to use it voluntarily. Federal contractors may also be required to use it under their contracts.
Employers enrolled in E-Verify and in good standing may be able to use an alternative procedure to examine documents remotely. Check current USCIS guidance before using it.
Common I-9 Mistakes
- Missing the three-day deadline for Section 2
- Leaving fields blank or skipping signatures and dates
- Using an outdated version of the form
- Accepting expired documents
- Asking for specific documents or too many documents
- Forgetting to reverify when temporary work authorization expires
- Not completing an I-9 for rehires or family members
- Throwing out I-9s too early, or keeping them far longer than needed
What Happens During an Audit?
Immigration and Customs Enforcement (ICE) can inspect your I-9s with as little as three business days’ notice. Penalties for paperwork violations can add up to thousands of dollars per form, and fines for knowingly hiring unauthorized workers are much higher.
Run a Self-Audit
The best way to avoid penalties is to find and fix mistakes before anyone else does. A simple internal review should:
- Confirm there’s an I-9 for every current employee
- Check each form for missing information, signatures, and dates
- Make sure Section 2 was completed on time
- Flag any work authorizations that need reverification
- Securely dispose of forms that are past their retention period
When you find an error, correct it properly: draw a line through the mistake, write in the correct information, and initial and date the change. Never backdate a form.
Make I-9 Compliance One Less Thing to Worry About
I-9s are easy to overlook in the middle of onboarding, but they’re one of the first things auditors check. Solution Services helps Utah employers streamline onboarding, stay on top of I-9 deadlines, and keep records organized. Our employee onboarding checklist is a good place to start.
Contact us to see how we can help.
This article is for general information and isn’t legal advice. For guidance on a specific situation, talk with an HR professional or employment attorney.
