By: Desalina A. Williams and Jodi R. Bohr
Every employer in the United States is required by federal law to properly complete a Form I-9: Employment Eligibility Verification (commonly referred to as “Form I-9”) for each employee.[1] To satisfy this requirement, employers must:
- Use the current, unexpired Form I-9. At the time of publication, the current Form I-9 expires May 31, 2027.
- Ensure the employee completes and signs Section 1 of Form I-9 on or before the first day of work. The employee must fill out Section 1. If the employee does not properly complete the form, then the employer should ask the employee to finish the form correctly.
- Within three business days of the employee’s start date: 1) physically examine the original, unexpired documents that reasonably appear genuine and relate to the employee; 2) complete Section 2 accurately; and 3) sign the attestation.
- For expiring work authorizations, timely complete Supplement B, Reverification and Rehire, of Form I-9.
- Maintain all Form I-9s for current employees. For former employees, maintain Form I-9s for the longer of three years after hire or one year after termination, and keep the forms in a file that is separate from the personnel file and easily locatable in case of an audit.
- Apply uniform procedures across all business locations and employee roles.
In addition to Form I-9, Arizona employers must also use E-Verify[2] to verify the employment eligibility of the newly hired employee.[3] However, E-Verify is not a substitute for careful document inspection as E-Verify alone cannot identify a fraudulently obtained or borrowed identity. Employers must still make a good-faith, independent determination that documents reasonably appear genuine and relate to the employee.
Neither federal nor Arizona law requires employers to obtain Form I-9s or perform E-Verify for independent contractors, but employers are prohibited from knowingly or intentionally using independent contractors who employ unauthorized workers.[4]
Why Robust Checks and Balances Matter
The Form I-9 and E-Verify processes are helpful for confirming work authorization, but neither process is foolproof. A Form I-9 attestation is only as sound as the controls behind it. And, even though the use of E-Verify provides Arizona employers with a rebuttable presumption that they did not knowingly or intentionally hire an unauthorized worker, it still does not guarantee compliance or immunity from prosecution.[5] Indeed, the recent federal prosecution of Zipps Sports Grill’s (“Zipps”) hiring manager highlights the importance of rigorous oversight at every hiring location.
During coordinated raids at several Zipps locations in Arizona, authorities arrested numerous employees, and charged both the employees and the hiring manager with felonies related to identity theft. The hiring manager recently pleaded guilty in federal court to the unlawful transfer or possession of a means of identification, after authorities alleged he recruited and hired employees lacking legal status, and facilitated the use of fraudulent documents in the process.[6] Officials reported that some fraudulent identification documents and Social Security numbers used by workers were able to pass through E-Verify. The U.S. Attorney characterized the case as a warning to businesses that knowingly engage in similar practices.
There is a higher likelihood that situations, such as what happened at Zipps, can be avoided if an employer:
- separates recruiting from Form I-9/E-Verify verification processes when feasible;
- requires second-level approval for exceptions, name/SSN mismatches, or document anomalies;
- schedules a once-a-year training for all verifiers, with practical exercises on document inspection, identifying abnormalities, and anti-discrimination rules; and
- conducts regular internal audits at each business location using a standardized checklist that samples both recent and legacy Form I-9s.
In addition, employers who use a payroll company to perform verifications should maintain the right to audit, at least annually, the recent and legacy Form I-9s. Payroll companies often disclaim any obligation to ensure that Form I-9s are properly completed. Periodic reviews should be conducted to ensure that employees hired since the most recent periodic review properly completed the Form I-9.
Effective compliance programs rely on layered controls (i.e. people, process, and technology) designed to prevent, detect, and correct errors or misconduct. When employers implement real checks and balances, they protect their business, workforce, and hiring processes while avoiding the legal failures that risk their reputation and potentially make headlines. If you would like assistance with and/or have questions regarding Form I-9 requirements or audits, please contact Desalina Williams or Jodi Bohr.
[1]8 U.S.C. § 1324a; see also I-9 Central, https://www.dol.gov/general/topic/hiring/i9-central, U.S. Department of Labor (last accessed March 31, 2026).
[2] E-Verify is an online system that compares information provided in an employee’s I-9 with federal records to confirm employment eligibility. See What is E-Verify, https://www.e-verify.gov/about-e-verify/what-is-e-verify, E-Verify (last accessed March 31, 2026).
[3] A.R.S. § 23‑214.
[4] A.R.S. §§ 23‑211 to 23-212.01; 8 U.S.C. § 1324a(a).
[5] A.R.S. §§ 23‑212(I) and 23-212.01(I).
[6] Zipps Sports Grill Hiring Manager Accused of Identity Theft Takes Plea Deal, https://www.12news.com/article/news/local/arizona/zipps-sports-grill-hiring-manager-accused-of-identity-theft-takes-plea-deal/75-438b21c0-019a-48d3-8900-1aea2678cb4a?utm_medium=referral&utm_source=nextdoor.com&utm_campaign=nextdoor_news, 12news.com (last accessed March 31, 2026).
