4900 California Avenue
Bakersfield, California 93309
Form I-9 completion is a standard — and critical — part of the onboarding process in the U.S., but HR professionals may encounter administrative challenges that threaten legal compliance. From missing forms to improper storage and audit readiness, there are many pitfalls that can lead to costly consequences if not handled correctly. Understanding your responsibilities as an employer is key to maintaining compliance and avoiding fines.
Form I-9 was established under the Immigration Reform and Control Act of 1986 and is required for every employee hired after November 6, 1986, regardless of company size. The form is used to verify an individual’s identity and authorization to work in the U.S. Employers must complete it — and review acceptable identification and work authorization documents — within three business days of the employee’s first day of employment.
Errors or omissions on Form I-9 can expose an employer to significant legal risk. Violations carry a five-year statute of limitations, making it especially important to ensure proper and timely completion.
Mistakes happen, and employers may discover that a current employee is missing a Form I-9. In such cases, the form should be completed as soon as possible. The employee should be allowed a few days to gather the required documents.
If a form is incomplete, employers can fill in any missing employer-related sections. However, if the missing information pertains to the employee, such as their signature or document information, the employee must be asked to provide it. Any corrections should be initialed and dated with the current date.
Employers must be able to produce Form I-9s within three business days in the event of an audit, so it’s essential to store them in a central, trackable location. Acceptable storage methods include:
For larger companies or businesses with multiple locations, a reliable digital solution is typically the best practice. Employers that transition to an electronic system do not need to redo existing forms, as many platforms allow digitization of existing paper records. It’s important to ensure any software used complies with U.S. Immigration and Customs Enforcement (ICE) requirements.
ICE audits of Form I-9 records are becoming more common, and employers should always be prepared. Audits typically begin with a Notice of Inspection, during which ICE will request access to your Form I-9 files and may issue subpoenas for additional documents.
If your I-9s are stored as paper copies, ICE will seize the original forms, so it’s recommended to maintain duplicate records for your files.
In certain cases, ICE officers may visit your workplace. If they arrive with an administrative warrant, they are only allowed to enter public areas of the business unless given permission. If they have a judicial search warrant, they may enter private areas without consent. Employers should have a clear internal protocol and consult legal counsel to respond appropriately and protect the rights of the business while complying with the law.
Sometimes, an employee may come forward and admit to having used false identification documents and now wishes to provide valid ones. In this situation, employers may complete a new Form I-9, but should consult their company policies related to honesty and integrity. It’s important to handle these cases consistently across the organization to avoid potential discrimination claims.
Employers are not expected to be document experts. As long as the documents appear reasonably genuine and are verified through E-Verify without issue, employers are generally protected from liability.
For employees with temporary work authorization, it’s the employer’s responsibility to reverify work eligibility before the authorization expires. This process typically does not require a new Form I-9; employers can complete the re-verification section on the original form instead. Since identity has already been established, this step is focused solely on confirming continued work eligibility.
Employers must retain Form I-9s for every active employee. After an employee leaves the company, the form must be retained for three years from the hire date or one year from the termination date, whichever is later.
Employers may choose to keep copies of the documents provided by employees during the verification process. If this is your practice, you must do so uniformly for all employees, regardless of background or citizenship status, to avoid discriminatory practices.
Managing Form I-9s might seem like a small part of onboarding, but the legal and financial implications of noncompliance can be significant. By understanding the rules, establishing clear procedures, and training your HR team accordingly, you can reduce risk and ensure your organization stays on the right side of the law.
If your company hasn’t reviewed its I-9 processes recently, now is the time to conduct a compliance check. A little preparation today can save a lot of trouble tomorrow.
(Centralize HR, 2025)
