Complete guide to Form I-9 compliance for New York employers. Learn requirements, acceptable documents, audit procedures, penalties, and best practices to protect your business from ICE fines and violations.
Form I-9 (Employment Eligibility Verification) is a mandatory federal form that all U.S. employers must complete for every employee hired after November 6, 1986. The form verifies the identity and employment authorization of individuals hired for employment in the United States.
Employees must present ONE document from List A OR ONE from List B + ONE from List C
Establish both identity AND employment authorization
Establish identity only (must combine with List C)
Establish employment authorization only (must combine with List B)
Failing to properly complete, retain, or present Form I-9 for inspection. Missing signatures, dates, or required information.
Minor errors such as incorrect dates, missing middle initial, abbreviations. Still subject to fines but less severe.
Hiring individuals knowing they are not authorized to work in the U.S. Criminal and civil penalties apply.
Retaining employees after learning they are not authorized to work or after work authorization expires.
Accepting documents known to be fraudulent, or failing to properly examine documents.
Discriminating based on citizenship status or national origin during I-9 process (document abuse, refusing valid documents).
Assign a specific person or team responsible for I-9 compliance, training, and updates. Ensure they stay current with regulatory changes.
Regularly review I-9 forms for completeness and accuracy. Identify and correct errors proactively before government audit. Recommended: annual audits.
Create written I-9 policies and procedures. Train all HR personnel. Use checklists to ensure consistency. Document training sessions.
Do not specify which documents employees must present. Accept any document from Lists A, B, or C. Do not treat employees differently based on citizenship or immigration status.
Keep I-9 forms separate from personnel files. Limit access to authorized personnel only. Retain for 3 years after hire date OR 1 year after termination (whichever is later).
Track expiration dates of work authorization. Complete Section 3 reverification before authorization expires. Never reverify U.S. citizens or permanent residents.
If enrolled in E-Verify, create cases within 3 business days of hire. Post required notices. Never use for pre-employment screening. Allow employees to contest Tentative Nonconfirmations (TNCs).
If you receive a Notice of Inspection (NOI), contact immigration counsel immediately. You typically have 3 business days to produce I-9 forms. Do not alter forms after receiving NOI.
Very few exemptions exist. Exempt: individuals providing domestic service in a private home that is sporadic, irregular, or intermittent. NOT exempt: household employees employed on a regular basis, H-2A agricultural workers (separate form), employees hired before Nov 6, 1986 and continuously employed. Independent contractors technically not covered, but worker misclassification itself is a serious legal risk.
No. Employers must physically examine the original documents. Photocopies or scans are NOT acceptable for Section 2 verification. However, employers may make copies of documents presented for their records (recommended but not required). The exception is for remote verification during certain emergency situations if DHS grants alternative procedures.
If an employee cannot present acceptable documents within 3 business days of hire, the employer must terminate employment. There are limited exceptions for receipt documents (temporary receipts issued by USCIS), which are acceptable for 90 days. Employees may present a receipt for a replacement document if the original was lost/stolen/damaged, or for a renewal EAD if timely filed.
E-Verify is mandatory for federal contractors and some state/local government employers. In New York State, E-Verify is generally voluntary for private employers. However, if you enroll in E-Verify, you must use it for all new hires (cannot selectively verify). Employers must follow E-Verify rules strictly to avoid discrimination claims.
Retain completed I-9 forms for the later of: (1) three years after the date of hire, OR (2) one year after the date employment ends, whichever is later. For example, if you hire someone on Jan 1, 2020 and they quit on June 1, 2021, you must keep the I-9 until June 1, 2022 (one year after termination). If they stay employed for 4+ years, keep it 3 years from hire.
If you find errors during an internal audit (NOT after receiving a Notice of Inspection), you may correct them. Draw a line through the incorrect information, enter the correct information, initial and date the correction. Never use white-out or completely obscure original entries. If the error is substantive (missing signature, missing Section 2), consult immigration counsel before correcting. If you've already received a government audit notice, do NOT make any changes.
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