Hire a single employee without a completed Form I-9, and your business faces fines exceeding $2,000 per violation from the Department of Homeland Security. In Aurora, Illinois, this mandatory employment eligibility verification must be on file for every worker, regardless of the city's specific regulations, as it's enforced by the federal government. The process—also called completing a federal work authorization document—requires meticulous detail. 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 mandated by the Immigration and Nationality Act (INA) and the Immigration Reform and Control Act (IRCA). Every employer in the United States, including restaurants in Aurora, Illinois, must complete a Form I-9 for each hired employee to verify their identity and authorization to work. The requirement is enforced by U.S. Immigration and Customs Enforcement (ICE) and applies uniformly; there is no separate Aurora-specific local ordinance, but federal law is binding. The purpose is to ensure a legal workforce, and employers are responsible for completing Sections 1 and 2 within specific deadlines after an employee's start date.
Failure to properly complete, retain, or present Form I-9 for inspection carries significant, escalating penalties. Violations trigger civil fines and can disrupt your business operations.
Legal code: Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)
Recent update: As of 2026, the latest version of Form I-9 must be used (edition date 10/19/2023), which includes remote examination options for document verification under a DHS-authorized alternative procedure, a significant update from the previous physical inspection-only rule.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required under federal law (INA §274A) because you pay wages and hire employees to work in the U.S. |
| Bar / Nightclub | Required | Required under federal law (INA §274A) because you hire employees to work in the U.S. |
| Food Truck | Required | Required under federal law (INA §274A) because you pay wages and hire employees to work in the U.S. |
| Coffee Shop / Café | Required | Required under federal law (INA §274A) because you pay wages and hire employees to work in the U.S. |
See which restaurant types need this requirement — and which don't.
See Full Requirements →Mark this box only if the employee is a noncitizen who has presented a List A or List C document from the I-9 form that shows current employment authorization.
COMMON MISTAKE: Selecting this when the employee presented a U.S. passport, which makes them a U.S. citizen, not an alien.
Select this box if the employee presented a Permanent Resident Card (Form I-551, 'Green Card') as their documentation.
COMMON MISTAKE: Confusing a Permanent Resident Card with an Employment Authorization Document (EAD), which is for 'Alien Authorized to Work'.
Mark this box only if the employee is a noncitizen national of the United States (e.g., from American Samoa or certain Swains Islanders).
COMMON MISTAKE: Selecting this category in error; it is extremely rare for most restaurant employees and is a common source of employer misclassification.
Select this box if the employee presented an unexpired U.S. passport, passport card, or a certified birth certificate.
COMMON MISTAKE: Selecting 'U.S. Citizen' but then incorrectly writing an Alien Registration/USCIS number in Section 2, which should be left blank.
Check this box only if you used the DHS-authorized alternative procedure for the first reverification entry on page 4.
COMMON MISTAKE: Using the alternative procedure checkbox without meeting the eligibility requirements, potentially invalidating the form.
Check this box only if you used the DHS-authorized alternative procedure for the second reverification entry on page 4.
Check this box only if you used the DHS-authorized alternative procedure for the third reverification entry on page 4.
Enter the employee's legal surname exactly as it appears on the document they presented (e.g., passport, driver's license).
COMMON MISTAKE: Writing a nickname or a name that differs from the supporting document, which is a mismatch that triggers an audit.
Enter the employee's legal first name exactly as it appears on the document they presented for verification.
COMMON MISTAKE: Including a middle name or initial in this field, which should only go in the separate 'Middle Initial' field.
Enter a single letter if the employee has a middle name, using the initial from their legal documentation.
COMMON MISTAKE: Entering a full middle name instead of just one letter, or entering an initial not supported by the presented ID.
ApronPrep auto-fills 106 of 128 fields from a single compliance interview — no re-typing, no guessing what the government expects.
The most common error is accepting a document from an employee that does not satisfy the requirement from List A or the combination from Lists B and C. For example, accepting only a Social Security card (List C) without a driver's license (List B) is insufficient. This violates the USCIS regulations and can result in civil penalties of $237 to $2,372 per violation. Always use the official Lists of Acceptable Documents printed on the last page of the form as your guide.
Employers often leave the 'Document Title' field blank or fail to properly record the document identification number. For instance, entering 'Passport' without the passport number, issuing country, and expiration date will cause an incomplete I-9. This mistake is a direct violation and triggers fines during an ICE audit. Be meticulous: copy every number, letter, and date exactly as it appears on the physical document the employee provided.
Federal law requires Section 1 to be completed by the employee on or before the first day of work for pay, and Section 2 by the employer within 3 business days of the employee's start date. Missing this deadline, even by one day, is a violation. For a new hire starting on a Monday, you must have their documents verified and Section 2 filled out by Thursday. Set a calendar reminder upon hire to avoid this timing error.
ApronPrep auto-fills 106 of 128 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Aurora | ||
| Chicago | ||
| Rockford |
Complete Section 1 of the Form I-9 on or before the employee’s first day of work. The employee must fill out their full legal name, address, date of birth, citizenship status, Social Security Number (if applicable), and sign the form. Simultaneously, instruct the employee to select which List A, B, or C documents they will present for verification. Common delay is the employee not having an acceptable document (e.g., an expired driver's license or a missing Social Security card). Have the current I-9 form (Rev. 10/23/2024) ready from the USCIS website.
Within three business days of the employee’s start date, physically inspect the original documents presented by the employee. Compare the documents to the lists on the I-9 form instructions to ensure they establish both identity and employment authorization (e.g., a U.S. Passport for List A, or a driver's license from Illinois plus a Social Security card for Lists B and C). In Aurora, you must record the document title, issuing authority, number, and expiration date in Section 2. The most common rejection trigger is incorrectly recording the document number or failing to ensure the documents are unexpired. You, as the employer, must then sign and date Section 2.
If you are re-verifying employment authorization for an existing employee (e.g., their work authorization document has expired) or rehiring an employee within three years of the original I-9 date, complete Section 3. You must re‑examine a current document that shows continued authorization to work and record the new document information. A frequent error is attempting to complete a new I-9 instead of using Section 3, which is not required. For rehires, you can use the previous I-9 if it’s within the three-year period, which saves time.
This is one of 13 requirements for opening a restaurant in Illinois.
federal
local
state
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsProcessing time varies, as the Form I-9 is not "approved" by Aurora or Illinois. It's an internal employment record you must complete within 3 business days of a new hire starting work, as required by federal law (8 CFR 274a.2). You must retain each completed form for the duration of employment plus a period, as detailed by U.S. Citizenship and Immigration Services (USCIS). Delays can result from the new hire not providing acceptable documentation, not from government processing. For related Illinois-specific employer registration, see Annual Report Filing.
There are no direct government filing fees for the Form I-9 itself, as it is a federal document you complete and retain. However, failure to comply can result in significant penalties from U.S. Immigration and Customs Enforcement (ICE), including fines ranging from $272 to $2,701 per violation, according to the Department of Homeland Security's 2026 penalty schedule. These are enforcement penalties, not application fees. Not legal advice — verify requirements with USCIS or your legal counsel.
No, a Form I-9 cannot be "transferred." If your business relocates, even within Aurora, you must physically transfer the original I-9 forms for all current employees to the new location and retain them for the required time periods. The law does not permit you to file the form with any local authority or transfer a case number. It is your responsibility to keep these records secure and available for inspection. A business relocation may trigger other local requirements, such as a new City Business License/Registration.
You do not renew a Form I-9. It is a one-time record for each hire. However, you must reverify employment eligibility for certain employees if their work authorization documents have an expiration date, as specified in the USCIS Handbook for Employers (M-274). This reverification is done by completing Section 3 of a new Form I-9 or the employee's original form before the authorization expires. Failure to reverify can lead to penalties. The process is distinct from renewing a local operating permit.
An inspection, typically a Notice of Inspection (NOI) from ICE, involves auditors reviewing your I-9 forms for all current and selected past employees. They will check for completeness, accuracy, proper supporting documents, and timely completion. The auditor will provide a written notice of any discrepancies or deficiencies. You have 3 business days to provide corrected records. Penalties are assessed for substantive or uncorrected technical violations. Being prepared for such an inspection is separate from ensuring compliance with other federal hiring programs like E-Verify Enrollment, which is voluntary for most Illinois employers.
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 Illinois specifically, we have analyzed compliance dossiers for 3 cities (Aurora, Chicago, Rockford), 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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