I-9 Employment Verification Downey | Work Authorization Docs LA County

Quick Answer

Downey, a diverse city of over 113,000 in southeast Los Angeles County, has a thriving business community with over 4,000 registered businesses and serves as a major employment center for the surrounding area. Form I-9, Employment Eligibility Verification, is required by federal law for every employee hired in the United States — including U.S. citizens. With Immigration and Customs Enforcement (ICE) conducting over 6,000 I-9 audits annually and fines reaching $2,507 per violation, understanding the I-9 process protects both employers from costly penalties and employees from work authorization gaps.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

What is Form I-9?

Form I-9 is a federal document required by the Immigration Reform and Control Act of 1986 (IRCA) that verifies the identity and employment authorization of every individual hired for employment in the United States. The requirement applies universally — every employer, regardless of size, must complete an I-9 for each employee, including U.S. citizens, permanent residents, and authorized foreign workers.

The current version of Form I-9 (Rev. 08/01/2023) is a two-page document plus instructions. Section 1 is completed by the employee on or before their first day of employment. Section 2 is completed by the employer within three business days of the employee's start date. Section 3 is used for re-verification of expiring work authorization or rehiring within three years.

The penalties for I-9 violations are substantial and have increased significantly in recent years. As of 2025, first-offense penalties range from $281 to $2,507 per I-9 violation for substantive errors. Repeat offenders face fines of $561 to $2,507 per violation. Knowingly hiring or continuing to employ unauthorized workers carries fines of $627 to $25,076 per worker. These penalties apply per violation — meaning a business with 50 employees and systematic I-9 errors faces potential fines exceeding $125,000.

Acceptable I-9 Documents

Documents are divided into three lists. Employees must present either one document from List A (which establishes both identity and work authorization), OR one document from List B (identity only) AND one document from List C (work authorization only). Employers cannot specify which documents an employee must present — the employee chooses.

List A (Identity + Work Authorization)	List B (Identity Only)	List C (Work Authorization Only)
U.S. Passport or Passport Card	Driver's license or state ID with photo	Social Security Card (unrestricted — not marked 'not valid for employment')
Permanent Resident Card (Form I-551/Green Card)	School ID card with photo	U.S. birth certificate (original or certified copy)
Employment Authorization Document (EAD/I-766)	Voter registration card	Certification of Birth Abroad (FS-545 or DS-1350)
Foreign passport with Form I-551 stamp/MRIV	U.S. military card or draft record	Unexpired employment authorization from DHS
Foreign passport with Form I-94 with work authorization	Military dependent ID card	Form I-94 with refugee admission stamp
Passport from FSM/RMI with Form I-94	Native American tribal document	Unexpired Reentry Permit (I-327)
Foreign passport with I-94 and F-1/M-1 status	Canadian driver's license	Unexpired Refugee Travel Document (I-571)

I-9 Timeline and Compliance Requirements

The I-9 process follows strict timelines that employers must adhere to. Missing these deadlines is one of the most common violations found during ICE audits.

1
Before or on First Day of Work
Employee must complete and sign Section 1 of Form I-9, providing their full legal name, address, date of birth, Social Security number (if applicable), and attestation of citizenship/immigration status. The employer or authorized representative must ensure this section is completed no later than the first day of employment for pay.
2
Within 3 Business Days of Start
Employer must physically examine the employee's original documents (no photocopies or digital images) and complete Section 2. The employer records the document title, issuing authority, document number, and expiration date. The employer must sign and date Section 2 under penalty of perjury.
3
Ongoing Monitoring
Employers must monitor expiration dates of employment authorization documents. When an employee's work authorization expires, the employer must re-verify using Section 3 of Form I-9 on or before the expiration date. Do NOT re-verify documents that do not expire (U.S. passport, permanent resident card, unrestricted Social Security card).
4
Record Retention
I-9 forms must be retained for 3 years after the date of hire OR 1 year after the date of termination, whichever is later. For example, an employee hired January 1, 2024 and terminated June 30, 2025 requires I-9 retention until June 30, 2026 (one year after termination). Forms can be stored electronically if the system meets DHS standards.

Common I-9 Mistakes That Trigger ICE Fines

ICE auditors look for specific errors during I-9 inspections. Based on data from 2024 ICE enforcement actions in the Los Angeles region, the following are the most common violations found in Downey-area businesses:

•Accepting photocopies or digital images instead of original documents — Every document must be physically examined in its original form. Scanned or photographed documents are not acceptable for Section 2.
•Telling employees which documents to present — Employers cannot request specific documents, suggest which documents are 'easier,' or refuse acceptable documents. Doing so constitutes document discrimination under 8 U.S.C. § 1324b.
•Not completing Form I-9 within 3 business days of hire — The three-day deadline is strict. Business days count from the employee's actual first day of work, not the date of the job offer.
•Failing to re-verify expiring employment authorization — When an EAD or other time-limited work authorization expires, the employer must complete Section 3 before or on the expiration date. Late re-verification results in employing an unauthorized worker.
•Not retaining I-9s for the required period — Premature destruction of I-9 forms creates liability. Conversely, retaining forms beyond the required period creates unnecessary audit exposure.
•Accepting documents that do not reasonably appear genuine — Employers are not expected to be document experts, but they must examine documents and reject any that are obviously fraudulent or do not relate to the person presenting them.
•Over-documentation: requesting more documents than required — Asking for both a passport AND a driver's license plus Social Security card when the passport alone satisfies List A is a violation. One List A document OR one List B + one List C is all that is required.
•Not using the current version of Form I-9 — USCIS updates the form periodically. Using an outdated version is a substantive violation. The current version expires 05/31/2027.
•Missing or incomplete signatures — Both the employee (Section 1) and employer (Section 2) must sign. Missing signatures are among the most common deficiencies.

Receipts, Extensions, and Work Authorization Gaps

In certain situations, employees present receipt documents rather than the actual document. Understanding receipt rules prevents both employer violations and unnecessary work interruptions for employees.

Acceptable receipts include: A receipt for a replacement document when the original was lost, stolen, or damaged — this receipt is valid for 90 days, after which the employee must present the actual replacement document. The I-797 Notice of Action showing a pending I-90 (green card renewal) — when combined with the expired green card, this serves as a List A document valid for 12 months from the I-797 date. An I-94 arrival record with a refugee admission stamp — this serves as a receipt for the Employment Authorization Document and is valid for 90 days.

The 180-Day Automatic EAD Extension is critical for workers whose EAD is expiring but who have filed a timely renewal. If an employee filed Form I-765 (EAD renewal) before their current EAD expired, and the renewal is in the same category, their work authorization is automatically extended for 180 days beyond the EAD expiration date. The employee must present their expired EAD plus the I-797C receipt notice for the renewal application. The employer records this combination in Section 3.

For Downey employers with employees on Temporary Protected Status (TPS), USCIS frequently issues Federal Register notices that automatically extend EADs for specific country designations. These extensions require employers to accept the expired EAD combined with the Federal Register notice as valid List A documentation.

E-Verify: Electronic Employment Verification

E-Verify is an internet-based system that compares Form I-9 information against government records to confirm employment authorization. While E-Verify is not mandatory for most private employers in California, it is required for federal contractors and subcontractors, employers in certain states with mandatory E-Verify laws, and employers who voluntarily enrolled in the program.

E-Verify does not replace the I-9 requirement — it supplements it. Employers must still complete the paper I-9 form and retain it according to the standard rules. E-Verify queries are submitted after the I-9 is completed, and results are returned within seconds for most cases.

When E-Verify returns a Tentative Non-Confirmation (TNC), the employee has 8 federal government business days to contest the finding by visiting the nearest SSA office or contacting DHS. During this period, the employer cannot take any adverse action against the employee — including termination, suspension, or reduced hours. Approximately 97.4% of E-Verify queries are confirmed instantly, 0.3% receive TNCs that are later confirmed, and approximately 2.3% receive final non-confirmations.

California law (AB 622) restricts how employers can use E-Verify. California employers cannot use E-Verify to check existing employees (only new hires), cannot use E-Verify before an employee has been offered and has accepted a job, and cannot use E-Verify as a screening tool for applicants.

ICE Audits: What Downey Employers Need to Know

Immigration and Customs Enforcement conducts I-9 audits through a process that begins with a Notice of Inspection (NOI), also called a 'silent raid.' Unlike workplace raids, an NOI audit is a paper review that gives employers three business days to produce their I-9 forms for inspection.

ICE issued 6,093 NOIs to employers nationwide in fiscal year 2024, a 30% increase over 2023. The Los Angeles region, which includes Downey, is one of the most active areas for I-9 enforcement. Industries most frequently targeted include restaurants and food service, manufacturing, construction, agriculture, hospitality, and janitorial services — all of which have significant presence in the Downey business community.

During an audit, ICE reviews every I-9 form for substantive and technical violations. Substantive violations include missing sections, unsigned forms, failure to re-verify expired work authorization, and accepting improper documents. Technical violations include minor errors like missing middle initials or transposed dates that do not affect the verification's integrity. Employers receive a 10-day notice to correct technical violations before fines are assessed.

The best defense against an ICE audit is proactive compliance. Conduct an internal I-9 self-audit annually, correcting any errors you find (note corrections in the margin with date and initials — never white-out or re-do completed forms). Establish a consistent I-9 completion process for all new hires, and designate a specific person responsible for I-9 compliance.

Our Document Services for Employees and Employers

SoCal Immigration Services helps both employees and employers in Downey and southeast Los Angeles County with I-9 related needs. Our services address the most common challenges faced by the diverse Downey business community.

For employees, we provide certified translations of foreign-language documents into English, which are often needed when presenting foreign identity documents or academic records. We help employees understand which documents they can use for I-9 purposes and identify the most efficient combination of available documents. For employees with pending USCIS applications, we track case status and prepare documentation for the 180-day EAD extension. We also assist with replacing lost immigration documents — filing I-90 for lost green cards, I-765 for lost EADs, and N-565 for lost naturalization certificates.

For employers, we offer I-9 compliance training for HR staff and hiring managers, covering proper form completion, document examination, anti-discrimination requirements, and retention rules. We provide document verification guidance for unfamiliar immigration documents, particularly Employment Authorization Documents with various category codes. We assist with understanding re-verification requirements and timing, and we provide certified translation services for employment records needed by immigrant employees. Our compliance review service includes a complete audit of your existing I-9 files with recommendations for corrections.

Call (714) 421-8872 to schedule a consultation for either employee document preparation or employer compliance services.

FAQFrequently Asked Questions

Q:Can I use my expired green card for I-9?

A: No, expired green cards are not acceptable as standalone I-9 documents. However, if you filed I-90 (green card renewal) with USCIS, you can use your expired green card combined with the I-797 receipt notice as a List A document. This combination is valid for 12 months from the I-797 date. If the renewal is still pending after 12 months, contact USCIS for an extension stamp in your passport.

Q:What if my EAD has not arrived but my work authorization is still valid?

A: If you filed Form I-765 for EAD renewal before your current EAD expired and the renewal is in the same eligibility category, you qualify for a 180-day automatic extension. Present your expired EAD plus the I-797C receipt notice to your employer. The employer records this in Section 3 of your I-9 with the new expiration date (180 days after your EAD expired).

Q:Can my employer ask for specific documents?

A: No. Federal law prohibits employers from specifying which acceptable documents an employee must present. You choose which documents to provide from the List A, or List B + List C options. If an employer insists on specific documents — such as demanding a green card or refusing to accept a valid driver's license + Social Security card — this constitutes illegal document discrimination. You can file a complaint with the Department of Justice Immigrant and Employee Rights Section at 1-800-255-7688.

Q:Do U.S. citizens need to complete I-9?

A: Yes, absolutely. Form I-9 is required for ALL employees hired in the United States, including U.S. citizens. Citizens can present a U.S. passport or passport card (List A) as a single document, or a driver's license (List B) plus a birth certificate or Social Security card (List C) as a combination. The I-9 requirement is universal and non-discriminatory.

Q:Can documents be in a foreign language?

A: For I-9 purposes, most acceptable documents are issued in English or have English translations built in (like passports). Foreign-language documents that appear on the Lists of Acceptable Documents — such as foreign passports with USCIS stamps — are acceptable without translation. However, if you are presenting a foreign document as evidence of identity and it is not on the standard lists, a certified English translation improves acceptance.

Q:What happens during an ICE I-9 audit?

A: ICE issues a Notice of Inspection giving the employer 3 business days to produce all I-9 forms. Auditors review each form for completeness, accuracy, and proper document presentation. Violations result in fines ranging from $281 to $2,507 per form for paperwork errors, and up to $25,076 per unauthorized worker. The audit is a paper review — ICE does not typically interview employees during an I-9 audit.

Q:How long must employers keep I-9 forms?

A: Employers must retain I-9 forms for 3 years after the date of hire OR 1 year after the date of termination — whichever date is later. Use the formula: max(hire_date + 3 years, termination_date + 1 year). Do not destroy forms before the retention period expires, and do not retain them unnecessarily longer as this increases audit exposure.

Disclaimer: This article provides general information about immigration services in Downey and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: January 1, 2026Last Updated: January 1, 2026

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Employment Verification I-9 in Downey: Work Authorization Documentation Guide