Article

I-9 Requirements for Small Businesses

Form I-9
Risk Management
Document Verification
1
minutes to read
Farmer feeding cows inside a dairy barn, illustrating the challenges of I-9 compliance and employment verification in small agricultural businesses.

I-9 Compliance 101: What Every Small Business Should Know

Running a small business comes with enough challenges—hiring, payroll, taxes, customer service. But one legal requirement often flies under the radar: Form I-9 compliance.

If you’re hiring employees (even part-time or temporary), you’re required by federal law to complete a Form I-9 for each one. And if you don’t? You could face steep fines—even if you're a company of fiveWhat is Form I-9?

Form I-9, or the Employment Eligibility Verification form, is used to confirm that a person is legally allowed to work in the U.S.

All employers—regardless of size—must complete this form for each new hire, even U.S. citizens. It’s not optional, and yes, small businesses are included.

What are the Requirements for Small Businesses?

Here’s a quick overview:

1. Have your new employee complete Section 1

  On or before their first day of work.

2. You (the employer) complete Section 2

 Within three business days of the employee’s start date. You must examine original documents (no copies).

3. Store the completed form properly

 Keep I-9s on file for 3 years after hire or 1 year after termination, whichever is later.

4. Make forms available for inspection

 ICE or DHS can audit your records at any time—with just 3 days' notice.

Common I-9 Mistakes Small Businesses Make

  • Not completing I-9s at all
  • Using an outdated version of the form
  • Asking for too many documents (discrimination risk!)
  • Not completing Section 2 on time
  • Not storing I-9s properly
  • Assuming 1099s don’t matter (they often do!)

What About 1099 Contractors

You don't need to complete an I-9 for true independent contractors. But if you're treating them like employees—setting their hours, giving them equipment, directing their work—you may be misclassifying them.

That’s one of the biggest audit risks for small businesses. When in doubt, consult an I-9 compliance expert.

Remote Employees? You Can Still Be Compliant

Hiring remote workers? You still need to complete the I-9—but Section 2 becomes tricky if no one is there in person.

i9 Intelligence offers a Remote I-9 Verification service built just for small businesses. No travel. No training. No guessing. You outsource it—we handle everything.

Learn more about our remote I-9 solution.

Why it Matters: I-9 Fines Can Be Devastating

Penalties can range from $288 to $2,861 per form—and that adds up quickly. Employing unauthorized workers? That can climb to $28,619 per person.

Many small businesses don’t realize how serious I-9 enforcement is—until it’s too late.

Take 60 seconds to see what your exposure could be with our I-9 Risk Calculator.

5 Simple I-9 Tips for Small Business Owners

  1. Always download the latest I-9 form from the USCIS website.
  2. Complete Section 2 by day 3 of employment.
  3. Don’t keep I-9s in email folders or filing cabinets—use a secure system.
  4. Train anyone involved in onboarding or HR.
  5. Run an internal I-9 audit at least once a year.

Need Help with Your I-9s?

At i9 Intelligence, we help small businesses across the U.S. stay compliant, save time, and reduce their audit risk.

Whether you need a better process, help verifying remote hires, or want us to handle everything—we’re here to help.

Book a free I-9 compliance call and speak with our I9 compliance experts.