Hiring employees without a completed Form I-9 risks fines starting at $1,000 per mistake and business-crippling audits from U.S. Immigration and Customs Enforcement (ICE). In Colorado Springs, like everywhere in the U.S., this federal requirement, also called the Employment Eligibility Verification Form, is mandatory for all employers. 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 a mandatory federal requirement for every new hire in the United States, including in Colorado Springs. Your obligation stems from the Immigration and Nationality Act (INA) and the Immigration Reform and Control Act (IRCA) of 1986, which require employers to verify the identity and employment authorization of all employees hired after November 6, 1986. The authority for enforcement rests with U.S. Immigration and Customs Enforcement (ICE). Failure to properly complete, retain, or present this form for inspection upon request is a direct violation of federal law, regardless of your local jurisdiction.
The practical consequences for I-9 violations are severe and financial. Based on ApronPrep's analysis of Department of Homeland Security enforcement data, the primary risks for non-compliance include:
Legal code: Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)
Recent update: As of 2026, the latest version of the Form I-9 (Rev. 07/31/25) is mandatory for all new hires, reflecting updated remote examination protocols for certain employers enrolled in E-Verify, as authorized by DHS.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for all U.S.-based employees under the Immigration Reform and Control Act (IRCA) of 1986, which mandates verification for any individual hired after 1986. |
| Bar / Nightclub | Required | Required for all employees hired after 1986, as this establishment hires personnel for wages and is subject to IRCA verification rules. |
| Food Truck | Required | Required, as the operator hires drivers, cooks, or servers; the Form I-9 requirement applies regardless of a mobile business model if personnel are paid. |
| Coffee Shop / Café | Required | Required for baristas, cashiers, and managers; the IRCA has no exemption for small food service outlets that hire employees. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Check this box only if the employee is not a U.S. citizen or noncitizen national, but is authorized to work for the employer by the Department of Homeland Security (e.g., H-1B, L-1, O-1 visa holder).
COMMON MISTAKE: Checking this box for an employee who is a U.S. citizen or lawful permanent resident, or failing to verify the specific work authorization document (Form I-94, I-766 EAD, or foreign passport with Form I-94) listed in Section 2.
Check this box if the employee is a lawful permanent resident (a green card holder) authorized to work in the United States.
COMMON MISTAKE: Checking this box but failing to properly examine and record the Alien Registration Number (A-Number) from the employee's Permanent Resident Card (Form I-551) in Section 2 of the form.
Check this box if the employee is a noncitizen national of the United States (e.g., born in American Samoa or certain Swains Island inhabitants).
COMMON MISTAKE: Mistakenly checking this box for a U.S. citizen or a foreign national; this status is rare and requires a specific type of identity and employment authorization document (like a U.S. passport or Form I-551).
Check this box if the employee is a citizen of the United States, either by birth or naturalization.
COMMON MISTAKE: Leaving this box unchecked for a U.S. citizen, or checking it but then incorrectly requesting a work authorization document from List C instead of accepting a valid U.S. passport or combination of driver's license and Social Security card.
Check this box if you are using the alternative procedure (remote document examination) for the first reverification of this employee's employment authorization, as permitted by the employer's participation in the E-Verify program.
COMMON MISTAKE: Checking this box without being enrolled in E-Verify and without having implemented a compliant alternative procedure policy, which is a violation of Form I-9 rules and can lead to fines.
Check this box if you are using the alternative procedure for the second reverification of this employee's employment authorization, following the same remote examination rules.
COMMON MISTAKE: Same as for the first alternative procedure box; failing to maintain a proper policy and audit trail for remote inspections can result in compliance penalties during a USCIS audit.
Check this box if you are using the alternative procedure for the third or subsequent reverification of this employee's employment authorization.
COMMON MISTAKE: Inconsistent use of the alternative procedure across an employee's reverifications, or using it for an employee whose work authorization document type does not qualify for remote inspection.
Enter the employee's legal last name (surname) exactly as it appears on the identity document (e.g., passport, driver's license) they present for Section 2.
COMMON MISTAKE: Entering a nickname, married name not yet legally changed, or a name with a typo that does not match the supporting document, which can cause a mismatch during an audit.
Enter the employee's legal first name exactly as it appears on the identity document they present for Section 2.
COMMON MISTAKE: Using a common shortened version (e.g., 'Mike' for 'Michael') or including a middle name in this field, which creates a discrepancy with the official document.
If the employee has a middle name on their identity document, enter the first letter of that middle name here; otherwise, leave it blank.
COMMON MISTAKE: Entering a full middle name instead of a single initial, or entering an initial when the presented identity document shows no middle name, creating an unnecessary inconsistency.
ApronPrep auto-fills 106 of 128 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Entering the form preparation date or employer's review date instead of the employee's actual first day of employment for pay. This is a technical violation that can trigger fines during an audit. To avoid, confirm the employee's official start date before they complete Section 1 and instruct them to use that date exclusively.
Accepting a driver's license that expired before the employee's start date, or documents like a Social Security card (List C) to prove identity. Using an expired List B document for verification is a common rejection reason that requires re-verification. Always check the issue and expiration dates on identity documents against the employee's start date, and use the official Lists of Acceptable Documents.
Leaving the employer certification date blank, or having someone who did not physically examine the documents sign as the employer representative. An incomplete Section 2 invalidates the form. The person who reviews the original documents must sign and date Section 2 on or before the employee's third business day.
ApronPrep auto-fills 106 of 128 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Aurora | ||
| Colorado Springs | ||
| Denver |
The new hire must complete Section 1, "Employee Information and Attestation," on their first day of employment. This requires them to provide their name, address, date of birth, Social Security Number (if applicable), and attest to their citizenship or immigration status. Provide the employee with a blank 2026 version of the Form I-9 (Rev. 08/01/2026) and ensure they understand they must sign and date it. Errors in Section 1, especially mismatches between the attestation and the documents later presented, are a common audit finding.
You or an authorized representative must physically examine the employee's original, unexpired documents from the Lists of Acceptable Documents. For most U.S. citizens, this is a U.S. passport OR a driver's license plus Social Security card. You must then complete Section 2, "Employer or Authorized Representative Review and Verification," by the end of the employee's third business day. Record the document title, issuing authority, number, and expiration date precisely as shown. The biggest mistake is accepting expired documents or failing to physically inspect them in person.
Immediately after Section 2 is complete, store the paper or electronic Form I-9 separately from the employee's personnel file for privacy. You must retain it for the later of: 3 years after the date of hire, OR 1 year after the date employment ends. For an electronic system, it must include audit trails, access controls, and a backup system. Be prepared to present all I-9s within 3 business days if requested by U.S. Immigration and Customs Enforcement (ICE) or the Department of Labor.
This is one of 13 requirements for opening a restaurant in Colorado.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe timeline is immediate. The Form I-9 is a self-certifying federal document that you complete and retain, not an application you submit for approval. The required sections must be completed within three business days of the employee's start date, per U.S. Citizenship and Immigration Services (USCIS) regulations. This contrasts with permits like a City Business License/Registration, which has a defined processing timeline.
There are no government filing fees for completing and storing the Form I-9. The form and its instructions are provided for free by USCIS. However, failing to properly complete or retain forms can result in civil penalties ranging from $272 to $2,701 per violation, as per federal law. These fines are issued by U.S. Immigration and Customs Enforcement (ICE).
Yes, Form I-9 records must be transferred if your business relocates. Federal law requires you to retain I-9s for three years after the hire date or one year after employment ends, whichever is later, and produce them within three days if requested for inspection. These rules are independent of local business licenses. When moving, you must also check requirements for a new Colorado Employer Registration for Unemployment Insurance, as state registrations are tied to your physical address.
You do not renew a Form I-9. A new Form I-9 must be completed for each new hire. For existing employees, you must reverify employment authorization only if their work authorization document (like an Employment Authorization Document) has an expiration date, and this must be done before the authorization expires. There is no periodic renewal schedule, unlike an Alarm System Permit/Registration, which typically requires annual renewal.
An inspection, or audit, is conducted by U.S. Immigration and Customs Enforcement (ICE). You will receive a Notice of Inspection (NOI) and typically have three business days to produce all I-9 forms for your current workforce. ICE officers verify that forms are properly completed, signed, and that documentation appears genuine. They check for technical violations (like missing checkboxes) and substantive violations (like invalid documents), which carry separate fine tiers. Not legal advice — verify specific audit procedures with USCIS.
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 Colorado specifically, we have analyzed compliance dossiers for 3 cities (Aurora, Colorado Springs, Denver), 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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