ICE issued 5,200 inspection notices last year. Total fines reached $8.2 million. One Colorado company paid $6.2 million for errors alone. By January 2025, I-9 paperwork violations jumped to $2,861 per form. 

You must complete the i9 employment eligibility verification for every new hire. This rule applies regardless of citizenship status. Use the i9 employment eligibility verification to stay safe during an ICE audit. 

Our guide explains form i9 compliance 2026 and the latest USCIS form I-9 rules. We simplify acceptable documents for I-9 and remote I-9 verification steps to help you stay compliant. Use these tips to protect your business and avoid expensive penalties starting today.

What Is Form I-9 and Who Must Complete It?

You need a clear process to verify who your workers are and if they can legally work in the U.S. This is a legal requirement for every business.

1. Legal Basis and Employer Obligation

The employment eligibility verification process comes from the Immigration Reform and Control Act. You must complete a USCIS form I-9 for every employee hired after November 6, 1986. This rule includes citizens. It also includes non-citizens.

• Mandatory for all: You need a form for executives. You need a form for seasonal workers.

• Exceptions: You do not need an i9 employment eligibility verification for independent contractors. You do not need one for domestic workers in private homes.

• Timing: You must verify employees within three business days of their start date to maintain form i9 compliance 2026.

2. What the Form Verifies

The i9 employment eligibility verification confirms identity. It confirms work authorization. These are two separate requirements. A driver's license proves identity. A social security card proves work rights. You must ensure both are valid to satisfy USCIS form I-9 requirements. 

If you fail to verify both, you risk heavy fines during an ICE audit. Every i9 employment eligibility verification requires both parties to sign. You must attest that the info is true.

This legal responsibility ensures your workforce remains compliant. Next, we will break down the i9 employment eligibility verification section by section.

How to Complete the I9 Employment Eligibility Verification Form — Section by Section

Accuracy in the i9 employment eligibility verification saves your company from massive legal bills. You must follow the federal timeline for every hire to satisfy form i9 compliance 2026 standards.

Section 1: Employee Information and Attestation

Employees must finish Section 1 by their first day of work. You cannot ask them to complete it before they accept your job offer. You must check that they provide their full legal name, address, and date of birth.

• Status Selection: The worker must pick one of four citizenship categories.

• Updated Terms: The phrase "an alien authorized to work" is now the standard for the fourth checkbox as of April 2025.

• Assistance: If a translator or preparer helps the worker, they must sign Supplement A.

Section 2: Employer Review and Verification

You have three business days from the start date to finish this section. You must view the original documents the employee provides.

• Logging Details: Write down the document title and the expiration date in the designated fields.

• Remote Options: Only E-Verify users in good standing can utilize remote I-9 verification.

• The "Check" Rule: If you verify documents via live video, you must check the specific box in Section 2.

• Employer Signature: You must sign to attest that the documents appear genuine and relate to the employee.

Supplement B: Reverification and Rehire

This section replaces the old Section 3. Use it to track employees whose work rights have an expiration date.

• Rehire Rules: You can use this for workers returning within three years of their original form date.

• Timely Updates: Complete I-9 reverification before a document expires to avoid I-9 paperwork violations.

• Audit Trail: Keep a separate row for each update to show a clear history of eligibility.

Remote and Electronic I-9 Completion

If you use software to manage the i9 employment eligibility verification, check your version. You must upgrade to the newest edition by July 31, 2026. This version features the 05/31/2027 expiration date. Your system must adhere to a strict I-9 retention policy to survive an ICE audit.

Acceptable Documents for the Form I9 Compliance Process

New hires must prove their identity and work authorization. You must follow the employment eligibility verification process by checking documents from three lists. Errors during the i9 employment eligibility verification lead to I-9 paperwork violations and issues during an ICE audit.

List A: Identity and Work Authorization

One document from List A fulfills the i9 employment eligibility verification. These items prove both identity and work rights.

• U.S. Passport or Passport Card: These provide complete proof of citizenship.

• Permanent Resident Card: The Form I-551 serves as a valid Green Card for form i9 compliance 2026.

• Employment Authorization Document: The Form I-766 confirms temporary work rights.

• Foreign Passport with I-94: This is valid for the i9 employment eligibility verification when it includes a work endorsement.

List B + List C: Identity and Work Authorization

Employees without a List A document provide one item from List B and one from List C to complete the i9 employment eligibility verification.

• List B (Identity): Acceptable items include state driver’s licenses or government photo IDs. The latest USCIS form I-9 updates changed 'Gender' to 'Sex' for these items.

• List C (Work Rights): You may accept an unrestricted Social Security card or a birth certificate for form i9 compliance 2026.

Key Rules for Document Selection

Employees choose which acceptable documents for I-9 they want to show. You cannot demand specific documents based on a worker's background. This practice violates anti-discrimination laws and triggers fines during an ICE audit. Ensure all documents are original and currently valid.

Maintaining these standards keeps your hiring legal. Next, let’s look at the specific 2026 updates to the form i9 employment eligibility verification affecting your business.

2026 Updates to the Form I9 Employment Eligibility Verification

You must stay current with the latest changes to avoid federal penalties. The employment eligibility verification process recently saw several technical and language adjustments. Failing to update your workflow can leave your business open to I-9 paperwork violations.

1. New Form Edition (01/20/25)

The USCIS form I-9 now uses the 01/20/25 edition, which remains valid until May 31, 2027. You must stop using all older versions to avoid I-9 paperwork violations.

• Revised Terminology: The fourth status box now uses the phrase "an alien authorized to work."

• List B Changes: Identification descriptions now use the term "sex" instead of "gender."

2. E-Verify Status Change Reports

A new tool called the Status Change Report is now live. It changes the i9 employment eligibility verification from a one-time task to a monitoring duty.

• Revocation Alerts: The system flags if a worker’s employment authorization gets revoked post-hire.

• Required Action: You must check this report weekly to maintain form i9 compliance 2026.

• Reverification: If the report flags a worker, you must start I-9 reverification using Supplement B immediately.

3. Electronic System and Disposal Deadlines

If you use digital software for your i9 employment eligibility verification, you must update to the newest form edition by July 31, 2026. Older electronic versions will not be valid for form i9 compliance 2026 after this date. 

Also, keep in mind that USCIS disposed of old E-Verify records in January 2026. You should have already saved your Historical Records Report to protect your company during a future ICE audit.

Staying proactive with these updates keeps your records clean and compliant. Next, we will discuss the rules for I-9 retention policy and what to expect during an inspection.

I-9 Retention, Audits, and Avoiding Violations

Protecting your business starts with a solid I-9 retention policy. You must keep every i9 employment eligibility verification for three years after the hire date or one year after the worker leaves. Use the date that falls later to ensure form i9 compliance 2026.

1. Retention Rules

Keep your USCIS form I-9 records in a separate folder from regular employee files. This limits what government agents see during an ICE audit. If you used E-Verify before 2016, make sure you saved those records before the January 2026 deletion date.

2. What Happens During an ICE Audit

ICE begins an inspection by serving a formal notice. You have three business days to turn over your i9 employment eligibility verification paperwork.

• Fixing Mistakes: You typically get ten days to correct minor technical errors.

• Financial Risk: Major errors lead to a Notice of Intent to Fine.

3. Most Common I-9 Violations

Most I-9 paperwork violations involve missing signatures or outdated dates. Accepting expired IDs or using the wrong form version also causes trouble. Regularly review your i9 employment eligibility verification forms to catch these issues early.

How DianaHR Automates Form I-9 Compliance So Your Business Never Misses a Verification Step

DianaHR simplifies the i9 employment eligibility verification for growing businesses. By combining AI automation with expert support, we ensure your form i9 compliance 2026 remains flawless.

• AI-Driven Compliance: Automates the employment eligibility verification process across multiple states.

• Expert Support: A dedicated specialist manages your USCIS form I-9 onboarding and policy updates.

• Seamless Integrations: Syncs with Gusto, ADP, or Rippling to track your I-9 retention policy without manual entry.

• Smart Automation: Reduces manual workloads by 60%, flagging I-9 paperwork violations before they happen.

Our approach transforms the i9 employment eligibility verification into a streamlined, risk-free process. Explore how DianaHR helps your business scale faster → DianaHR

Conclusion

The i9 employment eligibility verification is a mandatory federal requirement for every U.S. business. Managing the employment eligibility verification process manually often leads to missing signatures and expired documents. 

These tiny errors trigger massive consequences during an ICE audit. In 2026, a single mistake can result in fines reaching $28,619 per violation. These penalties easily bankrupt a small company. 

DianaHR removes this risk by automating your form i9 compliance 2026 steps. We handle the paperwork and tracking so you avoid the legal fallout of noncompliance.

Connect to DianaHR today to secure your i9 employment eligibility verification and ensure total form i9 compliance 2026 before the next audit cycle.

FAQs

1.  What documents are acceptable for I-9 employment eligibility verification?

Employees choose acceptable documents for I-9 from three lists. A U.S. passport (List A) proves both identity and work rights. Alternatively, a driver's license (List B) plus a birth certificate (List C) completes the employment eligibility verification process effectively.

2. When does the employee complete Section 1 of Form I-9?

Employees must finish Section 1 during their first day of work. You cannot request this before a job offer is accepted. Prompt completion ensures your i9 employment eligibility verification remains legal and avoids common I-9 paperwork violations during inspections.

3. What is the difference between Form I-9 and E-Verify?

The USCIS form I-9 is a mandatory document for all hires. E-Verify is a web-based system that confirms that data against federal records. Both tools help maintain form i9 compliance 2026 and protect you during a surprise ICE audit.

4. How long must employers keep Form I-9 on file?

Your I-9 retention policy must cover three years from hire or one year after termination. Always keep the i9 employment eligibility verification for the longer period. Proper storage is vital to surviving a formal ICE audit without penalties.

5. What are the penalties for I-9 form i9 compliance violations in 2026?

Errors trigger I-9 paperwork violations costing up to $2,861 per form. Repeatedly hiring unauthorized workers leads to fines reaching $28,619. These high costs make the employment eligibility verification process a high-stakes task for every U.S. employer this year.

6. Can employers complete Form I-9 remotely?

You can use remote I-9 verification only if you participate in E-Verify. This requires a live video document review. Standard employers must perform a physical inspection to meet form i9 compliance 2026 standards and avoid costly I-9 paperwork violations.