I-9: What is it? Is still required?

The fundamental responsibility of employers is to ensure their employees are work-authorized in the United States. I-9 employment verification is the standard procedure among employers to facilitate a company to comply with federal immigration law.

As mandated by the Immigration Reform and Control Act of 1986, I-9 prevents employers from hiring illegal employees. I-9 compliance is required to avoid penalties, audits, and even lawsuits.

Human Resource specialists need to comprehend and keep informed about the I-9 process in order to safeguard the firm and guarantee compliance.

What is the I-9 Form?

I-9 Form, Employment Eligibility Verification is a US Federal form used by US employers to confirm the identification and legal authority of the employees to work. The form has to be filled in by all individuals on employment to work in the US. The form confirms the employment eligibility of the prospective worker and the genuineness of him or her having supplied legitimate documental evidence. The USCIS functions as per US federal law on immigration.

Purpose of the I-9

The I-9 serves several compliance and enforcement purposes. These include:

• Verifies the qualifications of employees to work in the United States.
• Asks the worker to produce an original identity card and work certification.
• Deter employers from hiring illegal workers.
• Complies with the Federal Immigratation Law.
• Prepares organizations for government audits and inspections.

Is Form I-9 Still Required? 

All employers in the United States are required to complete Form I-9 on all the employees whom they hire regardless of nationality.

• Comprehensive requirements: The I-9 requirement applies to all individuals employed since November 6, 1986. This includes long-term employees and cannot be bypassed.
• Updates and revisions: The USCIS also revises the I-9 form on a regular basis. The employers are also required to utilize the newly published version available on the USCIS website to maintain compliance.

Failure to Complete Form I-9

Failing to complete Form I-9 can lead to serious consequences. Here are the most common ones:

1. Fines and Penalties
   • $272 to $2,701
   • Maximum of $27,018 for second offenses.
2. Criminal and Civil Charges
   • The intentional employment of illegal labor may result in criminal prosecution.
   • Employers are liable to imprisonment if they forge documents or submit forged documents.
3. Inspections and audits
   • Immigration and Customs Enforcement (ICE) audits
   • Non-compliant employers are also subject to fines or debarment from receiving federal contract awards.

Is it illegal to work without a valid I-9?

Yes. Working in America without following the I-9 process is unacceptable. The employees must show unexpired and valid documents and employers have to verify the same before employment.

• Physical inspection of I-9 forms: Employers are required to personally examine the original documentation provided by employees. In exceptional cases, remote verification through copies may be accepted.
• Remote verification flexibilities: I-9 verification flexibilities were similarly temporary during the period of the COVID-19 pandemic to facilitate remote inspection of the documents. USCIS has plans to consider the permanent ways of remote work. The employers are still required to check for authenticity and tampering of the documents.

How Long Should Employers Maintain the I-9?

Here is how long employers are required to store the I-9 form:

• Within three years from the commencement of work, or
• Within a year from the end of employment—later of

Reverification Guidelines

If an employee’s authorization expires, it must be reverified. Employers are responsible for ensuring the updated documentation is obtained before the expiration date.

What is the 3-Day rule on I-9?

The three-day rule has two parts for employer and employee:

• Section 1 of Form I-9 should be completed by the employee by his first day of work.
• Section 2 should be completed by the employer by three days following the first day the employee begins to work for pay.

Failing to do so will invoke penalties unless done and documented in a timely manner.

Is it Illegal to Backdate an I-9? 

Backdating an I-9 form is illegal. There’s no wiggle room on this one. Even if the intent isn’t malicious, changing the date after the fact is considered falsifying a legal document — and that’s a serious compliance violation under federal immigration law.

The rules are clear: both the employer and the employee must complete their respective sections of the I-9 within specific timeframes. For the employer, that means finalizing the form within three business days of the employee’s start date. Not four, not next week — three. And the documents used for verification must be original and unexpired. Anything outside those parameters risks creating a paper trail that won’t hold up if audited.

The consequences of backdating go far beyond a slap on the wrist. We’re talking about potential fines, ICE audits, and in some cases, legal investigations that could expose broader problems with workforce practices. It’s not just about protecting the business from penalties — it’s about maintaining credibility. For HR teams, the best safeguard is a clear, repeatable process that ensures I-9s are done right the first time. That means timely verification, the correct version of the form, and absolutely no shortcuts — even if things get busy. Because when mistakes happen here, they’re the kind that don’t stay quiet for long.

Acceptable documents to validate I-9 compliance

Employees must present specific documents based on USCIS guidelines. They may provide one from List A or one from both List B and List C.

List A (Identity and work authorization – One required):

• U.S. Passport
• Permanent Resident Card (Green Card)
• Employment Authorization Document (EAD)

List B (Identity Only – to be accompanied by a List C document):

•  License to Drive
• State ID Card
• Military Identification Card

List C (Work Authorization Only – with a List B document):

• Social Security Card (no limit)
• Birth Certificate
• United States Citizen Identification Card

Expired documents are never acceptable. Employers are required to scrutinize all documents to confirm authenticity and to check if they seem to be the actual and genuine documents.

Responsibilities of HR in Compliance

HR departments play a central role in ensuring proper administration. Their responsibilities include:

• Having all prospective employees fill out Form I-9
• The verification of employment authorizations
• Keeping I-9 forms as required by law
• Re-verifying authorizations on employees’ documents close to expiry
• Preparations prior to audit or inspection
• Keeping current on USCIS policy changes and form changes

The I-9 form isn’t just another hiring document — it plays a core role in confirming that each new employee is legally cleared to work in the U.S. This goes beyond administrative formality. It’s a direct compliance requirement under federal immigration law, and ignoring it isn’t an option. For employers, staying current with I-9 expectations isn’t just smart — it’s mandatory, and the consequences for slipping up are very real.

By law, every new hire must have a completed I-9 on file. That process requires verifying work authorization with original, unexpired documents. Copies or expired IDs don’t meet the standard. On top of that, because the rules can shift from time to time, employers have to make sure they’re always using the most up-to-date version of the form — the one posted by USCIS. Missing any of these steps can open the door to audits, fines, and potentially legal action. For HR teams, the best defense is consistency. A clear, documented process for completing and storing I-9s isn’t just a best practice — it’s a line of protection for the entire organization.