What Is I-9 Verification? Employer Guide

I-9 verification is a federally mandated process where employers verify every new hire's identity and work authorization using approved documents.

What Is the I-9 Form?

Form I-9 is a U.S. Citizenship and Immigration Services (USCIS) document that employers must complete for every person they hire to verify identity and work authorization.

The Employment Eligibility Verification form, commonly known as Form I-9, was created under the Immigration Reform and Control Act of 1986. The law requires employers to verify that every employee hired after November 6, 1986, is authorized to work in the United States. The form applies to all employees regardless of citizenship status, including U.S. citizens, permanent residents, and authorized foreign workers.

The I-9 form has three sections. Section 1 is completed by the employee and captures their personal information, citizenship or immigration status, and attestation of work authorization. Section 2 is completed by the employer (or their authorized representative) after physically examining the employee's identity and work authorization documents. Section 3 is used for reverification when an employee's work authorization expires or when they are rehired within three years.

Employers must retain completed I-9 forms for three years from the date of hire or one year after employment ends, whichever is later. The forms must be available for inspection by authorized government officials from USCIS, the Department of Labor, or the Department of Justice.

Failure to comply with I-9 requirements can result in significant civil and criminal penalties. Fines for paperwork violations range from $272 to $2,701 per form for first offenses, with higher penalties for repeat violations or knowingly hiring unauthorized workers.

Employer Responsibilities

Employers must provide the I-9 form to new employees, examine original identity and work authorization documents, and complete Section 2 within the required timeframe.

On or before the employee's first day of paid work, the employer must provide the I-9 form and allow the employee to complete Section 1. The employer cannot tell the employee which documents to present but must accept any combination of documents from the I-9's Lists of Acceptable Documents that appear genuine and relate to the person presenting them.

Within three business days of the employee's start date, the employer or authorized representative must physically examine the employee's original documents (not photocopies or digital images) and complete Section 2. The examiner must determine that the documents reasonably appear to be genuine and relate to the employee. They must record the document information in Section 2, including the document title, issuing authority, document number, and expiration date.

Employers must accept any document or combination of documents from the I-9's Lists of Acceptable Documents. List A documents prove both identity and work authorization (such as a U.S. passport or permanent resident card). List B documents prove identity only (such as a driver's license), and List C documents prove work authorization only (such as a Social Security card). An employee may present one List A document OR a combination of one List B and one List C document.

For Park City businesses with seasonal workers or remote employees who cannot present documents in person at the employer's location, an authorized representative can be designated to complete Section 2 on the employer's behalf. This is where NotaryLTD can assist.

What Is an Authorized Representative?

An authorized representative is any person the employer designates to examine the employee's documents and complete Section 2 of the I-9 form on the employer's behalf.

The employer does not need to personally examine every new hire's documents. They can designate anyone to act as their authorized representative for I-9 purposes. The representative physically examines the employee's original documents, verifies they appear genuine, records the document information in Section 2, and signs the form on behalf of the employer.

The authorized representative assumes the same responsibilities and liability as the employer for the accuracy of Section 2. This means the representative must exercise the same care in examining documents and completing the form. If errors or fraud are discovered later, both the employer and the representative may be held accountable.

Common authorized representatives include the following: notaries public and signing agents, human resources personnel at different company locations, attorneys, accountants, or any other trusted individual the employer designates. There is no certification or training requirement to serve as an authorized representative, but using a professional service like NotaryLTD ensures the process is completed correctly and professionally.

NotaryLTD serves as an authorized representative for employers throughout Summit County and surrounding areas. We examine the employee's documents, complete Section 2, and return the form to the employer. This is particularly valuable for remote employees who work in the Park City area but whose employer is based elsewhere.

Acceptable Documents for I-9

Employees can present List A documents (proving both identity and work authorization) or a combination of List B (identity) and List C (work authorization) documents.

List A documents that establish both identity and employment authorization include a U.S. Passport or U.S. Passport Card, Permanent Resident Card (Green Card), Employment Authorization Document, foreign passport with Form I-94 or arrival-departure record containing endorsement of employment authorization, and certain other immigration documents with employment authorization.

List B documents that establish identity only include a driver's license or ID card issued by a state or U.S. territory (with photo, name, date of birth, gender, height, eye color, and address), an ID card issued by a federal, state, or local government agency, a school ID card with photograph, a voter registration card, a U.S. military card, and several other forms of identification. For employees under 18 who cannot present a List B document, alternative provisions apply.

List C documents that establish employment authorization only include a Social Security card (unrestricted), a birth certificate issued by a state, county, or municipal authority, a Consular Report of Birth Abroad (Form FS-240), a U.S. Citizen ID Card, an employment authorization document issued by the Department of Homeland Security, and certain other DHS documents.

Important: Employers cannot specify which documents an employee must present or reject valid documents that reasonably appear genuine. Doing so can constitute unlawful discrimination under the Immigration and Nationality Act.

I-9 Deadlines and Penalties

Section 1 must be done by the first day of work and Section 2 within three business days. Violations carry fines starting at $272 per form.

The timing requirements are strict. The employee must complete and sign Section 1 no later than their first day of work for pay. They may complete it before the first day of work (such as after accepting the job offer), but it cannot be delayed beyond the start date.

The employer or authorized representative must complete Section 2 no later than the third business day after the employee's first day of work. For example, if the employee starts on Monday, Section 2 must be completed by Thursday. If the start date is Wednesday, the deadline is the following Monday (counting only business days).

For employees hired for fewer than three business days, both Section 1 and Section 2 must be completed on the first day of work. This applies to temporary workers, event staff, and other short-term hires.

Penalties for I-9 violations are substantial. Civil penalties for substantive violations (failing to complete forms, accepting improper documents) range from $272 to $2,701 per form for first offenses. Second offenses carry fines of $272 to $6,753, and third or subsequent offenses range from $272 to $27,018. Criminal penalties for pattern or practice of knowingly hiring unauthorized workers include fines up to $3,000 per employee and potential imprisonment.

Using NotaryLTD for I-9 Verification

NotaryLTD serves as an authorized representative for I-9 verification, helping employers meet compliance requirements when they cannot personally examine documents.

Park City's economy includes many businesses with remote workers, seasonal employees, and out-of-state headquarters that need local I-9 completion. NotaryLTD fills this need by serving as the employer's authorized representative, examining employee documents in person and completing Section 2 professionally and compliantly.

Our process is straightforward. The employer designates NotaryLTD as their authorized representative. The employee meets with us, bringing their original identity and work authorization documents. We examine the documents, complete Section 2, and return the completed form to the employer. The entire process typically takes 15 to 20 minutes.

We are available seven days a week from 9 AM to 9 PM, which is particularly useful for employers who hire over weekends or need verification completed outside standard business hours. Our mobile service allows us to meet employees at their work location, home, or any convenient spot in the area.

Contact us at 435-565-1333 or visit our contact page to arrange I-9 verification services for your employees. Visit our pricing page for current rates.