Navigating I-9 Compliance

Ensuring I-9 compliance is a critical responsibility for all U.S. employers. Form I-9 verifies that employees are authorized to work in the United States, helping organizations maintain a legally compliant workforce and avoid costly penalties.

The U.S. Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) routinely conduct audits to ensure employers follow proper verification procedures. Non-compliance can lead to substantial fines, reputational damage, and legal consequences. By adhering to best practices in I-9 completion, storage, and reverification, organizations can protect themselves from liability while fostering a compliant and inclusive work environment.

Below are the top 10 do’s and don’ts of maintaining Form I-9 to make sure you’re in compliance with U.S. Citizenship and Immigration Services (USCIS) regulations and minimize risk.

Do’s of Maintaining I-9s

1. Complete on Time – Employees must complete Section 1 on or before their first day of work, and employers must complete Section 2 within three business days of the employee’s start date. Don’t be late.
2. Use the Correct Version – Always use the most current Form I-9 from the USCIS website to ensure compliance.
3. Verify Identity & Work Authorization Properly – Inspect original documents (not copies) to confirm they appear genuine and relate to the employee. Many experts recommend keeping copies of the original documents used for verification.
4. Reverify When Required – Track expiration dates of work authorization documents and reverify before they expire (if applicable).
5. Retain Forms for the Required Period – Keep I-9s for at least three years after the hire date or one year after termination, whichever is later.
6. Maintain Secure Storage – Store I-9s separately from personnel files in a secure physical or electronic location to protect employee privacy.
7. Conduct Periodic Audits – Regularly review I-9s for errors and compliance issues to correct mistakes before an audit occurs.
8. Correct Errors Properly – If mistakes are found, draw a single line through the incorrect information, enter the correct data, and initial/date the correction. Do not use white-out or erasers.
9. Provide Proper Training – Confirm HR personnel handling I-9s understand verification requirements, proper form completion, and secure record storage.
10. Respond Promptly to Government Audits – If DHS or ICE requests I-9s, provide them within the three-day deadline, making certain they are properly organized. Some organizations use a 3-ring binder that only contain I-9s.

Don’ts of Maintaining I-9s

1. Don’t Accept Expired Documents – Employers cannot accept expired identification or work authorization documents and still remain compliant.
2. Don’t Request Specific Documents – Employees must choose from the List of Acceptable Documents—employers cannot dictate which documents employees provide.
3. Don’t Discriminate or Over verify – Treat all employees equally and do not require additional documents based on citizenship, national origin, or work authorization status. Doing so could result in a discrimination lawsuit.
4. Don’t Pre-Fill Forms – Employees must complete Section 1 themselves; employers cannot pre-fill any part of this section for them.
5. Don’t Accept Photocopies – Employees must present original, unexpired documents (except for a certified copy of a birth certificate).
6. Don’t Store I-9s with Personnel Files – Keep I-9s separate to ensure easy access during an audit and to protect employee privacy.
7. Don’t Make Unauthorized Changes – If an error is found after termination, attach a signed and dated correction memo rather than altering the form.
8. Don’t Ignore E-Verify Requirements – If enrolled in E-Verify, complete the process within three business days and follow all related requirements.
9. Don’t Dispose of Forms Too Early – Follow the three-year or one-year retention rule before shredding old I-9s.
10. Don’t Delay I-9 Completion – Failing to complete I-9s on time can result in significant fines and penalties.

Commitment to Compliance

Maintaining I-9 compliance is not just a legal obligation—it is a best practice that assists your organization in operating lawfully and ethically. By following these do’s and don’ts, employers can confidently manage their workforce while minimizing compliance risks.

A proactive approach—including regular audits, staff education and training, and secure record-keeping—helps protect your organization from costly violations. Commit to accuracy, fairness, and diligence in I-9 procedures to create a legally sound and well-managed workplace.

If you have any questions regarding I-9 compliance or other HR questions or concerns, please contact us at HRServices@501c.com or (800) 358-2163.

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For more than 40 years, 501(c) Services has been a leader in offering solutions for unemployment costs, claims management, and HR support to nonprofit organizations. Two of our most popular programs are the 501(c) Agencies Trust and 501(c) HR Services. We understand the importance of compliance and accuracy and are committed to providing our clients with customized plans that fit their needs.

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The information contained in this article is not a substitute for legal advice or counsel and has been pulled from multiple sources.

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