Form I-9 Compliance: Frequently Asked Questions (FAQs)

General Form I-9 Basics
What is Form I-9?

Form I-9, Employment Eligibility Verification, is a U.S. Citizenship and Immigration Services (USCIS) form used to verify the identity and legal authorization of individuals hired for employment in the United States.

Who must complete Form I-9?

Every U.S. employer must complete a Form I-9 for each employee hired after November 6, 1986, including U.S. citizens and noncitizens.

When must Form I-9 be completed?
  • Section 1: Completed by the employee no later than the first day of employment.
  • Section 2: Completed by the employer within 3 business days of the employee’s start date.

Can Form I-9 be completed electronically?

Yes. Employers may use an electronic I-9 system that complies with USCIS requirements. Platforms like PAF-I9 ensure digital compliance and secure storage.

Completing Form I-9 Correctly
What documents are acceptable for I-9 verification?
  • Documents must come from List A (identity and work eligibility) or List B (identity) and List C (employment eligibility). Examples:
    • List A: U.S. passport, Permanent Resident Card (Green Card), Employment Authorization Document(EAD)
    • List B: Driver’s license, state ID card
    • List C: Social Security card (without restrictions), birth certificate

Can we accept copies of documents?

No. Employers must review original, unexpired documents (except for remote verification under DHS-authorized programs).

What if an employee presents expired documents?

Employers may not accept expired documents for Form I-9 verification. All documents must be current and valid.

Remote and Electronic I-9 Compliance
Can I-9s be completed remotely?

Yes, under certain conditions. DHS has introduced alternative remote document examination procedures for qualified employers (e.g., E-Verify enrolled and in good standing).

What are the benefits of electronic I-9 systems like PAF-I9?
  • Paperless workflows
  • Automated compliance reminders
  • Secure cloud storage
  • Easy audit prep
  • Real-time status dashboards

I-9 Reverification & Updates
When is reverification required?

Reverification is required when an employee’s temporary work authorization expires. It must be completed by the expiration date listed in Section 1 or on the document presented.

Which documents require reverification?

Documents like an Employment Authorization Document (EAD) or temporary I-551 stamp 4 must be reverified.

Can we use Section 3 for name changes?

Section 3 may be used for name changes, rehires within 3 years, and reverification. However, creating a new I-9 is also permissible in some cases.

Retention & Storage of Form I-9
How long must we retain I-9s?

Retain for 3 years after the hire date or 1 year after employment ends, whichever is later.

Can I-9s be stored electronically?

Yes. Electronic storage must comply with USCIS requirements for security, audit trails, and retrieval. PAF-I9 offers compliant document retention and role-based access control.

Do we need to keep copies of verification documents?

Not required, unless participating in E-Verify, or your company policy mandates it. If you choose to keep copies, you must do so consistently for all employees.

I-9 Audits, Penalties & Best Practices
What is an I-9 audit?

A government review by agencies such as ICE (Immigration and Customs Enforcement) or DOL to assess an employer’s compliance with employment verification laws.

What are the penalties for I-9 violations?

Civil fines can range from hundreds to thousands of dollars per violation, depending on the severity and frequency of noncompliance.

How can I prepare for an I-9 audit?
Use tools like PAF-I9 to:

  • Maintain organized records
  • Track missing or incomplete forms
  • Ensure documents are up-to-date
  • Generate audit logs and reports

How often should we conduct internal I-9 audits?

At least annually, or more frequently for large or fast-growing employers. Internal audits help identify and correct errors proactively.

Special Scenarios for Employers
Do contractors need Form I-9s?

No. Independent contractors are not subject to I-9 requirements, but misclassification risks should be monitored carefully.

What about remote workers or offshore employees?

Only employees working in the U.S. require I-9 completion. Remote U.S.-based employees are still subject to verification.

Do rehired employees need a new Form I-9?

If rehired within 3 years, Section 3 may be used for re-verification. Otherwise, a new I-9 should be completed.

Pro Tip

Proactive compliance is the best defense. Tools like PAF-I9 help employers avoid costly mistakes and streamline H-1B document management especially for IT consulting firms, high-volume petitioners, and companies scaling globally.