Your first new hire can't legally begin work until you've completed Form I-9—an Employment Eligibility Verification—and failing to maintain accurate, current forms risks significant fines from U.S. Citizenship and Immigration Services (USCIS). This federal requirement is mandatory for all Tucson, Arizona employers, also called an employment verification form. Key facts:
Analyzed from Form I-9 (Employment Eligibility Verification)
83% from one compliance interview
Manual entry or document upload required
The Form I-9 (Employment Eligibility Verification) is mandated by federal law for all employers in Tucson, Arizona, and across the United States. The requirement originates from the Immigration Reform and Control Act (IRCA) of 1986, codified in the Immigration and Nationality Act (INA). This law requires employers to verify the identity and employment authorization of every employee hired, regardless of the employer's size or the employee's citizenship status. The U.S. Citizenship and Immigration Services (USCIS) manages the form and its enforcement, not a local Tucson or Arizona authority.
Failing to properly complete, retain, and present Form I-9 for inspection can trigger severe penalties. These are enforced by U.S. Immigration and Customs Enforcement (ICE) and the Department of Justice. Consequences include:
Legal code: Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)
Recent update: As of 2026, employers must use the latest version of Form I-9, which includes a checkbox option for employers enrolled in E-Verify to remotely examine identity and work authorization documents for employees working exclusively in a remote setting.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | All employers, including restaurants, must complete a Form I-9 for every new hire, as mandated by federal law (8 U.S.C. § 1324a). |
| Bar / Nightclub | Required | Bars must verify employment eligibility for all employees, regardless of job duties, under the Immigration Reform and Control Act (IRCA). |
| Food Truck | Required | Food truck operators are employers under federal law and must complete Form I-9 for every driver, cook, and cashier they hire. |
| Coffee Shop / Café | Required | Any business that pays employees for labor, including coffee shops, is subject to the federal I-9 verification requirement. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Check this box only if the employee is a noncitizen who has specific work authorization from the Department of Homeland Security (DHS), such as an H-1B visa holder or a refugee with an Employment Authorization Document (EAD).
COMMON MISTAKE: Incorrectly checking this box for a U.S. citizen or Lawful Permanent Resident (green card holder), which creates a discrepancy with the document presented in Section 2 and is a common cause of rejection in USCIS audits.
Check this box if the employee is a lawful permanent resident of the United States, commonly known as a green card holder (Form I-551).
COMMON MISTAKE: Forgetting to reverify an employee whose green card has an expiration date, as permanent resident status itself does not expire but the physical card document does, requiring timely renewal to avoid reverification errors.
Check this box only if the employee is a noncitizen national, which is a rare status for individuals born in American Samoa or certain former U.S. territories like Swains Island.
COMMON MISTAKE: Confusing this status with "U.S. Citizen" or "Alien Authorized to Work," leading to an incorrect attestation that does not match the employee's actual documentation.
Check this box if the employee is a citizen of the United States, either by birth or naturalization.
COMMON MISTAKE: Failing to have the employee provide a valid, unexpired document from List B (like a driver's license) and List C (like a Social Security card) if they are using this status, as U.S. citizens do not have expiration dates on their citizenship but their identity/work authorization documents might.
Check this box only if you are using the DHS-authorized remote inspection alternative procedure for the first reverification or rehire event documented on this form.
COMMON MISTAKE: Using the alternative procedure without being enrolled in E-Verify or without properly examining documents via live video interaction, as required by the specific DHS protocol, leading to improper completion.
Check this box if you are using the DHS-authorized remote inspection alternative procedure for the second reverification or rehire event documented on this form.
COMMON MISTAKE: Same as for Reverif 1 - failing to follow the exact remote inspection steps mandated by DHS for the alternative procedure, which can invalidate the entire reverification.
Check this box if you are using the DHS-authorized remote inspection alternative procedure for the third reverification or rehire event documented on this form.
COMMON MISTAKE: Same as for Reverif 1 and 2 - improper use of the alternative procedure is a high-risk audit flag for USCIS.
Enter the employee's legal last name (family name or surname) exactly as it appears on their identity and work authorization document from List A, or their documents from List B and List C.
COMMON MISTAKE: Entering a nickname, maiden name, or name with a different spelling than the supporting document, which is a top cause of mismatches that trigger fines during an I-9 audit.
Enter the employee's legal first name (given name) exactly as it appears on their identity and work authorization document from List A, or their documents from List B and List C.
COMMON MISTAKE: Using a common abbreviation (e.g., 'Bill' for 'William') or a middle name in the first name field, creating a discrepancy with the official document that can result in a technical violation.
Enter the employee's middle initial only if they have a middle name and it appears on their identity/work authorization document; otherwise, leave this field blank.
COMMON MISTAKE: Entering a full middle name instead of a single initial, or entering an initial when the supporting document shows no middle name, which can create an unnecessary inconsistency.
ApronPrep auto-fills 106 of 128 fields from a single compliance interview — no re-typing, no guessing what the government expects.
This is the single most common audit finding. Employers accept documents listed on the Form I-9 that are expired, or they review copies/scan without physically examining the original documents with the employee present. Example: accepting a driver's license and Social Security card from a faxed new-hire packet. Consequence: This is a substantive violation that can trigger fines from $272 to $2,701 per error (USCIS 2026 penalty schedule). How to avoid: For Section 2, the employer representative must physically handle and verify the original documents in the employee's presence (or via live video for remote hires under specific rules).
Employees often leave Section 1 incomplete—most commonly forgetting to check the citizenship/immigration status box or not signing and dating. Employers sometimes fill it out for the employee to 'speed things up.' Example: An employee provides their name and address but doesn't check 'A lawful permanent resident,' leaving the field blank. Consequence: An incomplete Section 1 is a paperwork violation, leading to fines of $272 to $2,701 if not corrected. How to avoid: Provide the blank form to the employee on or before their first day of paid work, and instruct them to complete ALL fields. You can point out missing fields, but the employee must enter the information themselves.
The employer must complete Section 2 (document verification) within three business days of the employee's start date for pay. Many employers miss this by completing it during onboarding on Day 4 or later, or backdating the form. Example: An employee starts on a Monday; the employer has until close of business Thursday to complete Section 2. Waiting until Friday is a violation. Consequence: This is a paperwork/timing violation, subject to the same fine range. It also creates an immediate compliance gap if an audit occurs. How to avoid: Mark the employee's start date on a calendar and set a firm internal deadline for HR or the manager to complete verification by the third business day.
ApronPrep auto-fills 106 of 128 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Mesa | ||
| Phoenix | ||
| Tucson |
Download the latest version of Form I-9 from the USCIS website (current edition is dated 08/01/2024). Employers must have the blank form and instructions ready. Review the List of Acceptable Documents with the new hire so they can gather their original proof of identity and employment authorization (e.g., U.S. passport, driver's license + Social Security card). Not providing acceptable documents is the leading cause of immediate correction requests. An employer can begin filling Section 1 electronically as early as the offer acceptance.
The new hire must complete Section 1 no later than their first day of employment for pay. This section captures biographical information and attests to their work authorization status. It must be signed. The employee can complete this section in-person, remotely via a video link, or via a qualified e-verify agent. For remote completion, the employer must provide clear instructions. Common errors include incorrect alien numbers, unsigned attestations, and entering the employer's address in the employee address field.
An employer or authorized representative must physically examine the employee's original documents and complete Section 2 within three business days of the employee's start date. In Tucson, the examiner must be the same person who views the documents, whether in-person or via live video interaction (for remote hires). You must record the document title, issuing authority, number, and expiration date exactly as shown. USCIS lists this step as having the highest error rate for fines—often due to incomplete document information or missing the examiner's signature/date. ApronPrep's auto-fill reduces data entry errors in this critical section.
This is one of 13 requirements for opening a restaurant in Arizona.
federal
local
state
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThere is no processing time from the government. As the employer, you must complete and sign Section 2 of the Form I-9 within 3 business days of the employee's first day of work, per U.S. Citizenship and Immigration Services (USCIS) rules. This timeline is the primary legal requirement; there is no government agency to 'approve' or issue the document.
The government filing fee for the Form I-9 is $0–$0, per USCIS regulations. There is no cost for the form itself or for submitting it to a federal authority. However, related employer registration costs may apply, such as for your Arizona Employer Registration for Unemployment Insurance. Not legal advice — verify with USCIS.
No, you cannot transfer an existing Form I-9. You are required to complete a new Form I-9 for each new employee you hire. If your business relocates within Tucson, you should retain the original I-9 forms for all current employees in your records. Compliance is tied to your employer status, not your location, similar to the requirement for an Application for Employer Identification Number.
A Form I-9 is not renewed. It is a one-time verification for each new hire. However, if an employee's work authorization documentation expires, you are required by law (8 CFR 274a.2) to reverify their employment eligibility by completing Section 3 of the form or using a new Form I-9. Contact USCIS to confirm current reverification rules.
There is no scheduled inspection. The Department of Homeland Security (DHS), through U.S. Immigration and Customs Enforcement (ICE), can conduct an audit of your I-9 records with a 3-day notice (Notice of Inspection). They will review your completed forms for accuracy, completeness, and proper retention for all current and former employees from the last 3 years. Failure to produce compliant forms can result in civil fines.
This guide is generated from ApronPrep's compliance dossier system, which uses 53 parallel AI authority experts to discover requirements, then downloads actual forms and generates field-level intelligence for each one.
For Arizona specifically, we have analyzed compliance dossiers for 3 cities (Mesa, Phoenix, Tucson), generating Rich FILs (Form Intelligence Layers) with 128 form fields analyzed for this requirement. Fee data is sourced from actual county department fee schedules, not estimates.
Our data is verified against official government sources and updated when regulatory changes are detected. If you find an error, please report it — accuracy is our core commitment.
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