Form I-9 Enforcement: Does Your Company Need a Tune-Up?

Even the sleekest sports car built to perform needs a tune-up now and then. Without regular maintenance, any machine can eventually come to a screeching halt. The same holds true for a company’s Form I-9 practices. Regular audits ensure that HR practices aren’t becoming sloppy, leading to inadvertent mistakes, or failure to follow record retention requirements, leaving your company vulnerable to costly penalties.

With a new presidential administration and promise of increased immigration enforcement, it is prudent for all employers to review their onboarding processes, conduct regular audits of I-9 Forms, and be in the best position should you receive a Notice of Inspection.

In this article, we’ll pop the hood and review some of the most frequently asked questions about Form I-9. You can access the current Form I-9, Edition 1/20/2025 here.

When do we need to complete the Form I-9?

You must complete Form I-9 for newly hired employees to confirm identity and ensure they are authorized to work in the United States. Form I-9 is not required for independent contractors.

Section 1 – Employee Information and Attestation, must be completed at the time of hire (i.e., by the first day the employee starts work for pay). Section 2 – Employer Review and Verification, must be completed within three business days of the date employment begins. However, if you hire someone for less than three business days, you must complete the entire form no later than the first day of employment.

Can I inspect documents remotely?

Physical inspection is generally required. Only employers who participate in E-Verify in good standing and satisfy certain requirements are qualified to remotely examine documents. If you remotely verify, you must also check the alternative procedures box on the I-9 Form. Learn more here.

Do we have to keep copies of identity and work authorization documents, such as a Passport?

It is generally up to the employer to decide whether to keep copies of documents or not. Whatever you decide though, be sure to apply that rule consistently across new hires. Note that employers who participate in E-Verify are required to keep copies of certain documents.

Can employers use the Spanish I-9 Form?

Generally not. Although there is a Spanish version, it can only be used for translation purposes for a Spanish-speaking employee. You must use the English version to actually complete Form I-9. The only exception is that employers in Puerto Rico are permitted to use the Spanish version.

When is reverification required?

Reverification is required for certain employment authorization documents that are set to expire. Supplement B on the Form (formerly known as Section 3) is used for reverification. Learn more here. Note that reverification is never required for:

• U.S. citizens & non-citizen nationals
• The following documents:

• • U.S. passports, U.S. passport cards
  • Unexpired Permanent Resident or Alien Registration Receipt Card (Form I-551)​
  • Expired Permanent Resident Card presented with Form I-797
  • List B identity documents (e.g., driver’s license)

How long do we need to retain I-9 Forms?

You should have I-9 Forms on file for all current employees. For former employees only, you may get rid of I-9 Forms/documentation one year after the end of employment, or three years after their first day of employment, whichever comes later.

How do I make corrections on the I-9 Form if I find a mistake?

Generally, the best way to correct errors on Form I-9 is to draw a line through the incorrect information, enter the correct information above or to the side of it, initial and date the correction. Prepare a written explanation and attach it to the original form. Sometimes, major errors require completing a new I-9 Form, but always keep a copy of the original.

Never use white out, attempt to conceal errors, or backdate your entries. Retain all original I-9 Forms and documents in accordance with record retention requirements.

Whether the employer (including an authorized representative) or the employee must make the correction depends on the section(s) at issue. Learn more here.

How can I get help in auditing my I-9 Forms?

If you need an I-9 tune up, CEA can assist you. CEA members have access to our I-9 Self Audit Toolkit here. Or, let CEA do the work for you and inquire about our I-9 Audit Service for employers by calling 800.399.5331.