Every employer in the United States is required by federal law to verify the identity and
employment authorization of each person they hire. This obligation is fulfilled through the
completion of Form I-9, Employment Eligibility Verification. The requirement applies to all
employers, regardless of size, and to all employees hired after November 6, 1986,
regardless of citizenship status.

While the concept is straightforward, the execution is not. The I-9 verification process
involves specific timing requirements, document acceptance rules, anti-discrimination
provisions, and recordkeeping obligations that create real compliance risks for employers
who do not have clear procedures in place.

At Massa Viana Law, we help employers understand and meet their I-9 obligations. Our
services include staff training, internal audits, corrective action planning, and guidance on
responding to government enforcement activity.

Understanding the I-9 Requirement

For each new hire, the employee must complete Section 1 of Form I-9 on or before the first
day of work, and the employer must complete Section 2 within three business days of the
start date. The employee presents documents from the List of Acceptable Documents to
establish both identity and employment authorization and employers may not request
specific documents or additional documentation beyond what is required.

Common I-9 Compliance Mistakes

Even well-intentioned employers frequently make errors. The most common mistakes
include failing to complete the form within the required timeframe, requesting specific
documents rather than allowing the employee to choose, asking for more documents than
required, failing to reverify when temporary work authorization expires, not properly
completing or signing all sections, and retaining forms for an incorrect period of time.

Government Enforcement and Notices of Inspection

Immigration and Customs Enforcement may issue a Notice of Inspection requiring an
employer to produce all I-9 forms and supporting records for review within three business
days. Penalties can range from several hundred to several thousand dollars per violation. In
cases involving patterns of violations or knowing employment of individuals not authorized
to work, consequences can be substantially greater. USCIS may also conduct a separate
unannounced site visits.

How We Help Employers

I-9 Training

We provide practical training sessions for human resources staff and hiring managers
covering proper form completion, document acceptance rules, anti-discrimination
provisions, reverification procedures, and recordkeeping best practices.

Internal I-9 Audits

We conduct thorough reviews of an employer’s existing I-9 forms to identify errors,
omissions, and areas of non-compliance, followed by a corrective action plan.

Corrective Action and Remediation

When errors are identified, we guide employers through proper correction procedures,
including how to document corrections, handle reverifications, and address situations
involving workers whose authorization has expired.

Responding to Notices of Inspection

If your organization receives a Notice of Inspection from ICE, we assist with organizing and
reviewing required documentation, identifying deficiencies, and representing the employer
in communications with the inspecting agency.

Frequently Asked Questions

Schedule a Consultation

If your organization needs assistance with I-9 compliance, whether through training, an internal audit, or guidance on responding to an enforcement action, we are here to help. Contact our offices in Southborough, MA, or Providence, RI, to schedule a consultation.