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Federal law mandates that U.S. employers verify their employees’ authorization to work in the United States by completing . Due to increased immigration enforcement, workplace Form I-9 audits have increased. This article explores employers’ requirements, common mistakes during the process, and the potential consequences of noncompliance.

Form I-9

Employers must verify the identity and work authorization of every employee hired in the U.S. after November 6, 1986, using Form I-9. Employer obligations include:

• Avoiding knowingly hiring or continuing to employ unauthorized workers.
• Completing and retaining Form I-9 for each employee. Form I-9s must be retained for three years after an employee was hired or one year after employment ends—whichever is later.
• Keeping Form I-9s available and easily accessible for inspection upon request.
• Completing Form I-9s accurately and on time.
  • Completing Section 2 of Form I-9 by the third business day after the date the employee begins employment, or, if the employee is hired for three business days or less, at the time the employee begins employment.
  • Completing Supplement B (formerly Section 3) of the form before an employee’s work authorization expires.
• Ensuring that the information on Form I-9s is clear and readable, all applicable sections of the form are completed accurately, and that the information matches the employer’s payroll records.

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ICE Form I-9 Audits

U.S. Immigration and Customs Enforcement (ICE) is the federal agency responsible for enforcing rules and regulations concerning work authorization under the . If ICE decides your business warrants an inspection, you will receive a signaling an I-9 audit. Upon receiving the NOI, you have three business days to provide Form I-9s to ICE. You may also be required to provide other business documents, including payroll records, a list of current and former employees, and your business license or incorporation documents.

ICE reviews Form I-9s for substantive violations and technical or procedural errors. If technical or procedural issues are identified, employers generally have ten business days to correct them before the error becomes a substantive violation.

Common Form I-9 Errors & Violations:

• Technical or Procedural Errors:
  • Using an outdated Form I-9 (the most current Form I-9 can be found at )
  • Missing information in required fields
  • Missing employer information in Section 2
• Substantive Violations (more severe and can lead to fines)
  • No Form I-9 on file for an employee
  • Missing signatures or dates
  • Failure to review work authorization documents
  • Failure to complete required sections on time
  • Knowingly hiring or continuing to employ an unauthorized worker

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Post-Audit Follow-up:

• Compliance Letter: You passed the inspection, and no action is needed
• Notice of Technical or Procedural Failures: You must correct errors within the allotted timeframe
• Notice of Suspect Documents: ICE questions employee documents
• Notice of Discrepancies: ICE can’t determine work authorization
• Warning Notice: Violations were found, but no fine has been issued
• Notice of Intent to Fine (NIF): civil penalties may apply

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If ICE issues a NIF, employers have 30 days to request a hearing before an administrative law judge with the Employers can try to settle with ICE before a hearing, but if no hearing is requested, ICE will issue a Final Order with no appeal.

Penalties

Employers who violate Form I-9 requirements may be subject to , criminal penalties, and debarment from government contractors. Paperwork violations can range from $288 to $2,861. Fines for knowingly hiring unauthorized workers range from $716 to $28,619.

Additional Information:

• : Explains Form I-9s, employer obligations, inspection details, and potential penalties
• : Overview of Form I-9 compliance and ICE inspections

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If you have questions about Form I-9 compliance, ICE inspections, or finding an attorney, contact the ÍøÆØ³Ô¹Ï Legal Center at (800) 552-ÍøÆØ³Ô¹Ï or info@nfib.org.

Updated January 28, 2026