Nevada I-9 Compliance: Employer Requirements for Form I-9
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Every Nevada employer must verify that newly hired employees are authorized to work in the United States. For most employers, that process begins with Form I-9, Employment Eligibility Verification.
While Form I-9 is a federal requirement rather than a Nevada-specific form, Nevada employers must understand how to properly complete, maintain, correct, and, when required, update these records.
Small mistakes can create unnecessary compliance risks. Missing signatures, incorrect dates, improperly requested documents, incomplete forms, and inconsistent procedures can all become issues during an audit.
Nevada Association of Employers (NAE) helps Nevada businesses understand I-9 requirements and establish reliable employment verification procedures.
What Is Form I-9?
Form I-9 verifies the identity and employment authorization of individuals hired for employment in the United States.
Employers must complete and retain a Form I-9 for each employee who is required to have one.
The process requires participation from both the employee and employer.
Generally:
- The employee completes Section 1.
- The employer completes Section 2 after reviewing acceptable documentation.
- Supplement B may be used when reverification or rehire documentation is required.
The employer is ultimately responsible for making sure the Form I-9 is properly completed and retained.
When Does Form I-9 Need to Be Completed?
Timing is one of the most important parts of I-9 compliance.
An employee generally must complete Section 1 of Form I-9 no later than the employee’s first day of employment for pay.
Employers generally must complete Section 2 within three business days of the employee’s first day of employment.
For an employee hired for fewer than three business days, the employer generally must complete Section 2 no later than the employee’s first day of employment.
Employers may complete Form I-9 after an individual accepts a job offer but before employment begins. However, employers should not use the I-9 process to screen applicants before offering employment.
What Documents Can Employees Provide for Form I-9?
Employees must be allowed to choose which acceptable documents they present.
The Form I-9 Lists of Acceptable Documents are divided into three categories:
List A: List A documents establish both identity and employment authorization.
List B: List B documents establish identity.
List C: List C documents establish employment authorization.
An employee can generally provide either:
One acceptable List A document OR One acceptable List B document and one acceptable List C document.
Employers should provide employees access to the Lists of Acceptable Documents and allow the employee to choose which valid documentation to present.
Employers Should Not Tell Employees Which Documents to Provide
One of the most important I-9 compliance rules is also one of the easiest for employers to accidentally violate.
Employers should not tell an employee which specific acceptable documents to provide.
For example, an employer should not automatically tell a new employee:
“Bring your driver’s license and Social Security card.”
Likewise, an employer should not require a lawful permanent resident to provide a Permanent Resident Card simply because the employer knows the employee is a permanent resident.
If an employee presents acceptable documentation that satisfies the Form I-9 requirements, the employer generally should not demand additional or different documentation.
Requesting specific, additional, or different documents based on an employee’s citizenship, immigration status, or national origin can create discrimination concerns.
Do Employers Have to Determine Whether an I-9 Document Is Fake?
HR professionals are not expected to be forensic document experts.
Employers are expected to examine the documentation presented during the I-9 process and determine whether it reasonably appears to be genuine and relates to the person presenting it.
This distinction is important.
An employer should not reject an acceptable document simply because it is unfamiliar or because the employer is uncertain about the employee’s immigration status.
At the same time, an employer should not accept documentation that clearly does not reasonably appear genuine or does not appear to relate to the employee presenting it.
When unusual documentation situations occur, HR professionals should avoid guessing or demanding additional documentation without first determining the appropriate I-9 procedure.
NAE members can turn to the HR Hotline when difficult HR situations arise.
What if an Employee Later Provides Different Documents?
Occasionally, an employee may return to HR with new or corrected documentation after the original Form I-9 process is complete.
These situations should be handled carefully.
A change in an employee’s documentation does not automatically mean the employer improperly completed the original Form I-9. Employers generally are responsible for examining the documents presented at the time and determining whether they reasonably appear genuine and relate to the employee.
If an employee later admits that previously presented documentation was fraudulent or otherwise presents valid new documentation affecting the I-9 record, the employer should follow the appropriate correction or new verification procedures based on the circumstances.
Employers should document corrections properly rather than attempting to conceal, backdate, or erase previous information.
When the correct procedure is unclear, consider getting guidance before altering an existing I-9.
Explore NAE’s Legal Services for assistance with employment compliance questions.
When Does Employment Authorization Need to Be Reverified?
Not every expired document requires reverification.
This is another area where employers can unintentionally create compliance problems.
For example, an employer generally should not reverify a U.S. citizen or lawful permanent resident simply because certain identity documents or a Permanent Resident Card used during the original I-9 process later expire.
Reverification generally applies to employees whose employment authorization expires.
Employers should maintain a reliable process for identifying employment authorization expiration dates without unnecessarily reverifying employees who do not require it.
Can Nevada Employers Complete I-9 Verification Remotely?
Employers should not assume that a video call or emailed copy of an employee’s documents automatically satisfies I-9 document examination requirements.
Federal rules provide an alternative procedure for certain qualifying employers participating in E-Verify that can permit remote examination of Form I-9 documents when all applicable requirements are satisfied.
Employers using this procedure must follow the federal requirements carefully, including applicable E-Verify and document-retention procedures.
Businesses that do not qualify for an authorized alternative procedure generally need to follow the standard document examination requirements.
Remote and hybrid employers should make I-9 compliance part of their remote onboarding procedures rather than improvising the process for each new employee.
What Is E-Verify?
E-Verify is an electronic federal system that compares information from an employee’s Form I-9 with records available to the U.S. Department of Homeland Security and Social Security Administration.
E-Verify does not replace Form I-9.
Employers using E-Verify must still properly complete Form I-9 and comply with applicable E-Verify procedures.
Employers also need to understand how to handle a result that does not immediately confirm employment authorization. An employee should not automatically be terminated or otherwise subjected to adverse action merely because an E-Verify case requires additional steps.
Employers should follow the applicable E-Verify procedures before making employment decisions.
Should I-9 Forms Be Kept in Personnel Files?
Employers may maintain I-9 records using authorized paper, electronic, or other compliant storage systems.
As a practical HR best practice, many employers maintain I-9 documentation separately from general personnel files.
A separate I-9 system can make it easier to:
- Conduct internal I-9 audits
- Track reverification requirements
- Calculate retention dates
- Respond to government inspection requests
- Limit unnecessary access to sensitive employee information
- Correct errors consistently
Whatever storage method an employer uses, Forms I-9 must remain accessible for the required retention period.
Common I-9 Compliance Mistakes
Even employers with established HR departments can make I-9 mistakes. Common problems include:
- Missing the three-business-day deadline
- Failing to complete required fields
- Missing employee or employer signatures
- Entering incorrect employment dates
- Accepting insufficient documentation
- Requesting too many documents
- Telling employees which documents to provide
- Unnecessarily reverifying employees
- Failing to reverify expiring employment authorization when required
- Improperly correcting existing Forms I-9
- Keeping outdated I-9s indefinitely without a retention policy
- Inconsistent procedures between locations or managers
- Mishandling remote employee verification
Many of these issues can be discovered before a government inspection through an internal review. NAE can help employers conduct an HR Audit to identify potential compliance concerns across their HR practices.
How Long Should Employers Keep Form I-9?
Employers must retain Form I-9 for the required federal retention period.
Generally, an employer must retain an employee’s Form I-9 until the later of:
- Three years after the employee’s date of hire, or
- One year after the employee’s employment ends.
This means employers should calculate the appropriate destruction date rather than automatically destroying an I-9 as soon as an employee leaves the organization.
A consistent retention system can make this significantly easier.
Correcting Form I-9 Errors
Discovering an I-9 mistake does not mean an employer should ignore it.
Employers can correct many errors, but they should make corrections transparently and in accordance with applicable I-9 procedures.
Employers generally should not backdate forms, conceal previous information, or make it appear that a correction occurred earlier than it actually did.
When conducting an internal I-9 audit, employers should also apply procedures consistently. Singling out employees based on citizenship, national origin, immigration status, accent, appearance, or similar characteristics can create additional legal concerns.
I-9 Compliance and Discrimination
I-9 compliance is not only about completing paperwork correctly.
Federal anti-discrimination protections also apply during the employment eligibility verification process.
Employers can create problems by:
- Demanding a particular document
- Requesting more documents than necessary
- Rejecting acceptable documents that reasonably appear genuine
- Applying different verification standards based on citizenship or immigration status
- Unnecessarily reverifying certain employees
- Treating employees differently based on national origin
Employers should develop a standardized process and train everyone involved in hiring and onboarding to follow it.
Include I-9 Compliance in Your Onboarding Process
I-9 compliance should not depend on whether one HR employee remembers what to do.
Employers should develop a repeatable onboarding procedure that addresses:
- When Section 1 must be completed
- When Section 2 must be completed
- Who is authorized to review documents
- How acceptable documents are handled
- Whether document copies will be retained
- How remote employees are handled
- How reverification dates are tracked
- How corrections are documented
- Where I-9 records are stored
- When records should be destroyed
Employers with multiple locations should also ensure managers are following the same process across the organization.
Need additional HR support? Get an HR Assistant from NAE.
Review Your Employee Handbook and HR Procedures
Your employee handbook may not contain every technical I-9 procedure, but your onboarding, recordkeeping, anti-discrimination, and employment practices should work together.
NAE can review your Employee Handbook and help identify policies that may need attention.
Employers can also explore upcoming Training & HR Events for opportunities to keep HR professionals and managers informed about employment compliance requirements.
Get Help With Nevada I-9 Compliance
Form I-9 may look like routine onboarding paperwork, but mistakes can create significant compliance issues.
A strong I-9 process helps Nevada employers verify employment authorization consistently, maintain accurate records, avoid discriminatory document practices, and prepare for potential audits.
Nevada Association of Employers provides Nevada businesses with HR guidance, training, employment law resources, and hands-on support throughout the employment lifecycle.
Have an I-9 Question?
Whether you’re reviewing one unusual Form I-9 or evaluating your entire onboarding process, NAE can help you determine the next step.
Contact NAE for assistance with HR and employment compliance questions. For ongoing resources, HR guidance, training, and employer support, join NAE.
This information is provided for general educational purposes and should not be considered legal advice.
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