You cannot legally hire any new employee—including kitchen staff, servers, and managers—until you verify their identity and work authorization using the federal Form I-9 (Employment Eligibility Verification), managed by U.S. Citizenship and Immigration Services (USCIS). This federal employment verification form is a mandatory step for onboarding. 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 federal requirement, not a local Tampa regulation. Its legal basis is the Immigration Reform and Control Act (IRCA) of 1986, codified under the Immigration and Nationality Act (INA). The law is enforced by U.S. Immigration and Customs Enforcement (ICE) and requires every employer in the United States, including restaurants in Tampa, to verify the identity and employment authorization of each new hire. This applies to all employees hired after November 6, 1986, regardless of their citizenship or national origin. Non-compliance is a federal violation, and the responsibility rests entirely with the employer.
Incorrect or missing I-9 forms lead to significant federal penalties. Consequences include:
Legal code: Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)
Recent update: The latest version of Form I-9 (Rev. 07/31/25) was authorized for use in October 2025 and includes a checkbox for employers enrolled in E-Verify to indicate remote examination of documents; however, the core paper I-9 requirement remains mandatory for all Tampa employers as of 2026.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | All U.S. employers, including restaurants, must complete Form I-9 for every paid employee under the Immigration Reform and Control Act of 1986 (IRCA), with no exemption for size or industry. |
| Bar / Nightclub | Required | Bars and nightclubs are considered employers and are subject to the same IRCA verification requirements for all hired staff, regardless of their primary business activity. |
| Food Truck | Required | Food trucks are required to verify employment eligibility for all employees, as the Form I-9 requirement applies to any person or entity that hires labor for wages. |
| Coffee Shop / Café | Required | Any business that pays employees, including coffee shops, must comply with IRCA by completing Form I-9 for each new hire, with no minimum employee threshold. |
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 national but has work authorization from the Department of Homeland Security, such as an H-1B visa holder or asylee.
COMMON MISTAKE: Incorrectly checking this box for a U.S. citizen or a lawful permanent resident (green card holder) who should check a different status box.
Check this box if the employee is a lawful permanent resident (green card holder) and can present a valid Form I-551 (Permanent Resident Card) as a List A document.
COMMON MISTAKE: Checking this box but then failing to properly examine and record the details of the employee's Permanent Resident Card in Section 2.
Check this box for a noncitizen national of the United States, such as an individual born in American Samoa or certain former citizens of the former Trust Territory of the Pacific Islands.
COMMON MISTAKE: Leaving this box blank when an employee who is a noncitizen national incorrectly selects 'U.S. Citizen' instead.
Check this box if the employee is a citizen of the United States, whether by birth or naturalization.
COMMON MISTAKE: Checking this box for an employee who then presents only a foreign passport and no other U.S. document, which would be a mismatch causing a paperwork violation.
Check this box only if you used the 'alternative procedure' (remote document examination) authorized by DHS for the first reverification or rehire event, as detailed in the form instructions.
COMMON MISTAKE: Checking this box for a standard, in-person reverification, which is incorrect and can create an audit trail discrepancy.
Check this box only if you used the DHS-authorized alternative procedure (remote examination) for the second reverification or rehire event recorded on this form.
COMMON MISTAKE: Inconsistent use of the alternative procedure flag across multiple reverifications for the same employee, indicating potential non-compliance with the rules for its use.
Check this box only if you used the DHS-authorized alternative procedure (remote examination) for the third reverification or rehire event recorded on this form.
COMMON MISTAKE: Failing to check this box when required after using the remote procedure, which misrepresents the verification method used to authorities.
Enter the employee's legal last name (family name or surname) exactly as it appears on the identity and work authorization document they present.
COMMON MISTAKE: Entering a nickname, married name not yet legally changed, or a name that does not match the supporting document, which is a leading cause of mismatch rejections during audits.
Enter the employee's legal first name (given name) exactly as it appears on the identity and work authorization document they present for verification.
COMMON MISTAKE: Using a common shortened version (e.g., 'Mike' for 'Michael') or middle name instead of the legal first name listed on the document.
Enter the employee's middle initial, if they have one. Use only one letter. Leave this field blank if the employee has no middle name.
COMMON MISTAKE: Entering a full middle name instead of a single initial, or entering an initial when the employee's document shows no middle name, creating a non-material discrepancy.
ApronPrep auto-fills 106 of 128 fields from a single compliance interview — no re-typing, no guessing what the government expects.
The most frequent error is accepting a document from List A, B, or C that has expired, like an old driver's license or a foreign passport without a valid visa. This immediately invalidates the verification. Consequences: A single invalid Form I-9 can trigger an ICE (Immigration and Customs Enforcement) fine of $272 to $2,701 per violation. How to avoid: Always check the USCIS 'Handbook for Employers' (M-274) for the current list of acceptable documents and verify the expiration date before the employee's first day of paid work.
Employers often leave Section 2 incomplete, especially by forgetting to enter the 'Document Title' and 'Issuing Authority' from the employee's presented documents, or by incorrectly noting the expiration date. This is a high-risk field for rejection during an audit. Consequence: An incomplete Section 2 forces a costly and time-consuming reverification process, adding 1-2 weeks of administrative delay and risking penalties. How to avoid: After physically inspecting each original document, meticulously transcribe every detail exactly as it appears on the document itself—do not paraphrase.
For employees who provide temporary work authorization documents (like an Employment Authorization Document or foreign passport with an I-94 showing temporary status), employers must enter a re-verification date in Section 2. Failure to do so means the form lapses and the employee is no longer authorized to work. Consequence: Employing an unauthorized worker can lead to civil fines exceeding $20,000 per violation. How to avoid: When a List A or List C document has a future expiration, you must enter that exact date in the 'Expiration Date' field in Section 2 and set a calendar reminder to reverify before it expires.
ApronPrep auto-fills 106 of 128 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Jacksonville | ||
| Miami | ||
| Tampa |
Download the latest Form I-9 (Rev. 12/08/2026) from the U.S. Citizenship and Immigration Services (USCIS) website. Print the three-page document and familiarize yourself with the 65 data fields. Gather required employee identity documents from the Lists of Acceptable Documents on page 4. Note: using outdated forms is a common violation; confirm the OMB Control Number (1615-0047) and revision date at the bottom of the form.
Have the new employee complete Section 1 (Employee Information and Attestation) on or before their first day of work for pay. Verify they provide their full legal name, address, date of birth, Social Security Number (if applicable), and citizenship/immigration status. The employee must sign and date the form. Failure to complete Section 1 on time is a primary compliance error, potentially incurring fines.
Within three business days of the employee's start date, you or an authorized representative must complete Section 2 (Employer or Authorized Representative Review and Verification). You must physically examine the employee's original identity and work authorization documents from the acceptable lists, record the document information in Section 2, and sign and date the attestation. Common mistakes include accepting expired documents or failing to examine the originals.
This is one of 13 requirements for opening a restaurant in Florida.
federal
local
state
federal
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe completion time varies. The Form I-9 is not a permit you apply for; it must be completed within 3 business days of a new hire's start date, as required by U.S. Citizenship and Immigration Services (USCIS). There is no processing timeline from a government agency, as you keep the form on file. You must separately enroll in and use the E-Verify Enrollment system within 3 business days if your business is required to participate.
The government filing fee for Form I-9 is $0–$0. There is no cost to download the form or keep it on file. However, employers who are required to use the federal E-Verify Enrollment system should note that there is no fee for that enrollment, per the USCIS website. Not legal advice — verify requirements with USCIS.
No, you cannot transfer a completed Form I-9. It must be completed anew for each new hire. If you move your business to a new location in or out of Tampa, you must physically move the forms with your other personnel records. The requirement to maintain I-9s is separate from and does not replace the need for a City Business License/Registration for the new address.
You do not renew Form I-9. Once properly completed and retained, it is valid for the duration of that employee's tenure. You must reverify employment authorization if an employee's work authorization document expires, as noted in the form's instructions. A routine business compliance requirement that does have an annual filing is the Annual Report Filing with the state of Florida.
There is no standard physical inspection. An audit or inspection is conducted by ICE Homeland Security Investigations or the Department of Labor. They will issue a Notice of Inspection (NOI) and you must produce all I-9 forms within 3 business days. The inspection reviews forms for completeness, proper documentation, and timely completion to assess compliance with federal law. Contact USCIS to confirm current audit procedures.
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 Florida specifically, we have analyzed compliance dossiers for 3 cities (Jacksonville, Miami, Tampa), 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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