Form I-9 is sometimes called the most complex two-page document that HR professionals handle. In use since 1986, it comes with long instructions and is subject to regular updates posted on platforms like I-9 Central, the M-274 Handbook, and Department of Justice (DOJ) websites. Required by federal law, this form must be completed for every new hire in the U.S. to confirm their identity and work eligibility. Despite its complexity, employers can strengthen their compliance by following a few key best practices—and using tools like those from EMP Trust to streamline the process.
What is Form I-9 and Who Must Complete It?
Form I-9 ensures that each person hired in the U.S. is authorized to work. Eligible individuals include:
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U.S. citizens
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Noncitizen U.S. nationals
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Lawful permanent residents (green card holders)
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Individuals with valid work authorization
Exceptions to this requirement include:
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Employees hired before Nov. 6, 1986, who have remained continuously employed
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Casual domestic workers hired occasionally in private homes
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Independent contractors (not under the employer’s direct control)
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Workers located outside the U.S. or its territories
The form must be completed within three business days of the employee’s start date. Employers are accountable not only for form completion and retention, but also for its accuracy. Industry reports suggest that 75–85% of forms contain errors—up to three per form—which demonstrates just how challenging proper compliance can be.
How to Improve I-9 Compliance: Seven Proven Strategies
Form I-9 compliance can be time-consuming and costly, but failing to comply may result in significant penalties or legal consequences. EMP Trust helps organizations reduce risk and simplify this process. Here are seven strategies to improve your I-9 compliance:
1. Always Use the Latest Form and Meet Deadlines
Using the most recent, government-issued version of Form I-9 is critical. After October 31, 2022, using outdated versions is considered noncompliant. Companies should enforce policies to ensure that the form is filled out within three business days of the hire date.
To improve consistency, employers can designate a standard start day for new hires, ensuring that onboarding and I-9 procedures are more manageable and predictable.
2. Follow Record-Keeping, Storage, and Retention Guidelines
Form I-9s can be stored digitally, on paper, microfilm, or disk, but must be secured against unauthorized access. It’s best practice to keep I-9s separate from employee personnel files. Employers should also retain copies of documents and any corrections made during internal audits.
The retention period is either three years from the date of hire or one year after employment ends, whichever is later. Employers must be able to present I-9s within 72 hours of receiving a government audit notice.
3. Practice Smart and Consistent Documentation Review
Employers don’t need to be document experts, but they must confirm that the documents presented appear genuine and belong to the person presenting them. Documents must be originals (except certified birth certificates), and expired documents are not permitted.
The documents fall into:
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List A: identity and work eligibility
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List B: identity only
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List C: work authorization only
Employees must be allowed to choose which documents they wish to present. Employers cannot dictate which documents are acceptable—that could lead to discrimination claims and penalties.
If an employee provides a receipt for a lost or damaged document, the original must be shown within 90 days. Whatever policy you adopt for handling documentation, it must be applied consistently to all new hires.
4. Stay on Top of Section 3 (Reverification)
Section 3 is used for reverification of work authorization, name changes, or rehires. Employers should closely monitor document expiration dates and notify employees well in advance—ideally, at least 6 months prior.
If an employee is rehired within three years of the original Form I-9, the employer may complete Section 3 of the old form or fill out a new one, depending on which version is currently in use.
5. Keep HR Teams Trained and Stay Current with Legal Changes
HR personnel handling Form I-9s must stay informed on immigration regulations and procedural updates. It’s essential to regularly check I-9 Central, DOJ (U.S. Department of Justice), and E-Verify resources. Training programs and webinars are valuable tools for staying up to date.
Only well-trained individuals should manage I-9s. Additionally, a secondary review process helps catch mistakes early and ensures accuracy. All training content related to I-9s and employment verification should also be reflected in company policies and handbooks.
6. Perform Regular Internal Audits
Annual self-audits are a smart way to catch and correct mistakes before a government audit happens. Corrections should be clearly marked, dated, and stored with the original documents.
Though time-intensive, these audits can prevent significant fines—ranging from $252 to $2,507 per employee, and more for repeated offenses. With EMP Trust’s digital I-9 solution, these audits are easier to conduct and track over time.
7. Automate the Process and Use E-Verify
Manual processes are slow and prone to errors. EMP Trust offers automation tools that simplify I-9 completion, storage, compliance tracking, and integration with E-Verify—the federal employment eligibility verification system.
E-Verify participation is voluntary in most cases, but it offers benefits:
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Reduces the burden of document authenticity verification
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Shows a good-faith effort to hire authorized workers
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Speeds up onboarding
While E-Verify doesn’t guarantee immunity from enforcement, it’s a valuable layer of protection.
I-9 Compliance with EMP Trust
Form I-9 compliance can become a hidden liability if not handled properly. By following best practices and proactively managing onboarding workflows, companies can reduce risks and avoid noncompliance.
EMP Trust’s digital I-9 platform makes it easier to:
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Complete and correct I-9s
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Store and access forms securely
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Perform audits and track retention timelines
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Stay on top of document expirations and reverifications
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Meet all legal obligations with confidence
In short, EMP Trust’s automated I-9 solution empowers HR teams to handle compliance effortlessly—saving time, reducing cost, and protecting your organization from unnecessary penalties.
