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By ApronPrep Compliance Team|Reviewed by Sarah Chen, Food Safety Specialist|Verified April 2026
128Form Fields

Analyzed from Form I-9 (Employment Eligibility Verification)

106Auto-Filled

83% from one compliance interview

22Need Attention

Manual entry or document upload required

157+Cities Analyzed
9,849+Requirements Tracked
8,415+Forms Analyzed
433,000+Fields Classified

Why You Need a Form I-9 (Employment Eligibility Verification)

{ "headline": "Why You Need a Form I-9 (Employment Eligibility Verification)", "legal_code_ref": "Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)", "penalties": "Civil fines $252-$2,507 per I-9 violation (first offense), up to $25,076 for repeat violations; criminal penalties for knowingly hiring unauthorized workers", "why_description": "

For every restaurant hire in Detroit, you are federally required to verify their identity and work authorization using the Form I-9 (Employment Eligibility Verification). This mandate comes from the Immigration Reform and Control Act (IRCA) of 1986 (8 U.S.C. § 1324a), enforced by U.S. Immigration and Customs Enforcement (ICE) and the Department of Homeland Security (DHS). The law applies identically in Detroit as it does nationwide; Michigan or Detroit have no local ordinances that change the core federal requirement. Its purpose is to establish a uniform process for employers to document they have not knowingly hired unauthorized workers, creating a mandatory paper trail for each employee.

Failing to properly complete, retain, or present a Form I-9 for inspection triggers significant penalties that can directly impact your Detroit restaurant's finances and operations. Consequences are not discretionary and escalate based on the violation. Based on federal penalty schedules, common outcomes include:

  • Substantive paperwork violations (e.g., missing employee or employer sections, incomplete fields): Civil fines ranging from $252 to $2,507 for each incorrect form, with no upper limit on the total penalty.
  • Knowingly hiring or continuing to employ unauthorized workers: Criminal penalties, including fines and potential imprisonment, plus civil fines up to $25,076 per unauthorized worker for repeat offenses.
  • Failure to present forms for inspection within 3 business days of an ICE audit notice: This alone can result in fines and is treated as a presumptive violation for all employees.
  • Lease and insurance implications: A significant ICE fine or criminal charge can violate "good standing" clauses in commercial leases and business insurance policies, potentially triggering eviction or loss of coverage.
An incomplete I-9 is legally equivalent to not having one at all.

", "recent_update_note": "In 2026, U.S. Citizenship and Immigration Services (USCIS) released a revised Form I-9 with a new edition date (Rev. 07/31/2025 Y), which employers must begin using for all new hires as of the mandatory compliance date published in the Federal Register notice." }

Legal code: Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)

Civil fines $252-$2,507 per I-9 violation (first offense), up to $25,076 for repeat violations; criminal penalties for knowingly hiring unauthorized workers

Who Needs a Form I-9 (Employment Eligibility Verification)?

TypeRequiredNotes
Restaurant (Full-Service)RequiredForm I-9 is required for all hired employees under the Immigration Reform and Control Act (IRCA) of 1986, with no exemption for industry type.
Bar / NightclubRequiredForm I-9 is mandatory for all paid employees, including bartenders and servers, as it is a federal requirement for every employer.
Food TruckRequiredForm I-9 is required for any hired drivers, cooks, or cashiers, as the vehicle's mobility does not exempt the business from federal employment verification laws.
Coffee Shop / CaféRequiredForm I-9 is required for all baristas and staff, as there is no small-business exemption based on revenue or number of employees for this federal form.
12 more establishment types

See which restaurant types need this requirement — and which don't.

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Field-by-Field Guide (128 Fields)

106 of 128 auto-filled

Alien Authorized to Work

checkbox
Auto-filled from compliance interview

Check this box only if the employee is a non-U.S. citizen (alien) who presents documentation from List A or List B/List C that shows current, DHS-issued work authorization.

COMMON MISTAKE: Checking this box for a U.S. citizen or a Lawful Permanent Resident (green card holder) will cause a rejection, as the form will be internally inconsistent with the presented documents.

High rejection risk

Lawful Permanent Resident

checkbox
Auto-filled from compliance interview

Check this box if the employee is a Lawful Permanent Resident (LPR), commonly known as a green card holder, and presents their Permanent Resident Card (Form I-551) as a List A document.

COMMON MISTAKE: Failing to check this for an LPR or checking it for a conditional resident whose card is expired can lead to a paperwork mismatch during an I-9 audit.

High rejection risk

Noncitizen National

checkbox
Auto-filled from compliance interview

Check this box only for individuals born in American Samoa, certain Swains Island inhabitants, or certain children born abroad to noncitizen national parents, who present a U.S. passport or birth certificate.

COMMON MISTAKE: Incorrectly checking this for a foreign national from another country; this is a rare status and misclassification is a common USCIS audit finding.

High rejection risk

U.S. Citizen

checkbox
Auto-filled from compliance interview

Check this box if the employee is a U.S. citizen by birth or naturalization and presents an unexpired U.S. passport, passport card, or a certified birth certificate.

COMMON MISTAKE: Leaving this unchecked for a U.S. citizen, or checking multiple citizenship attestation boxes, which is prohibited and will invalidate the form.

High rejection risk

Reverif 1 - Alternative Procedure

checkbox
Auto-filled from compliance interview

Check this box in Section 3 (Reverification and Rehire) if, for the first reverification, you used the DHS alternative procedure (remote document examination) permitted under 8 CFR 274a.2(b)(1)(viii).

COMMON MISTAKE: Checking this without proper documentation of the alternative procedure compliance (e.g., a copy of the video recording and employee attestation) leaves you exposed in an audit.

Reverif 2 - Alternative Procedure

checkbox
Auto-filled from compliance interview

Check this box for the second reverification entry in Section 3 if you used the DHS alternative procedure (remote examination) as authorized for that specific event.

COMMON MISTAKE: Using the alternative procedure checkbox for a standard, in-person reverification, which misrepresents your compliance method.

Reverif 3 - Alternative Procedure

checkbox
Auto-filled from compliance interview

Check this box for the third reverification entry in Section 3 if you used the DHS alternative procedure (remote examination) for that specific re-verification event.

COMMON MISTAKE: Same as other alternative procedure checkboxes; inconsistent use creates an audit trail that is difficult to defend.

Employee Last Name

text
Auto-filled from compliance interview

Enter the employee's legal last name (surname/family name) exactly as it appears on their List A, B, or C identity/employment authorization document.

COMMON MISTAKE: Using a nickname, maiden name, or name with a minor spelling variation from the document (e.g., 'McDonald' vs 'MacDonald'), which is a leading cause of technical rejection.

High rejection risk

Employee First Name

text
Auto-filled from compliance interview

Enter the employee's legal first name (given name) exactly as it is printed on the identity or employment authorization document they presented.

COMMON MISTAKE: Entering a middle name here, abbreviating the name when the document shows the full name (e.g., 'Rob' instead of 'Robert'), or including suffixes like 'Jr.'.

High rejection risk

Employee Middle Initial

text
Auto-filled from compliance interview

Enter only the first letter of the employee's middle name if it appears on their presented document; leave blank if there is no middle name on the document.

COMMON MISTAKE: Entering a full middle name, entering an initial when the document shows no middle name, or entering an initial that doesn't match the document (e.g., document says 'Marie,' you enter 'M').

118 more fields in this form

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128total fields
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22need attention
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Top 5 Form I-9 (Employment Eligibility Verification) Mistakes

1

1. Accepting Documents Past Their Expiration Date

Accepting a List A, B, or C document that was expired on the date the employee signed Section 1. For example, accepting a Permanent Resident Card (Form I-551) that expired in 2024 for a hire date in 2026. The Form I-9 requires documentation to be "unexpired" on the date of hire, and this mistake can lead to a technical violation during an audit. Always check the issue and expiration dates on every document presented.

2

2. Failing to Reverify Employment Authorization Timely

Not completing Section 3 when an employee's work authorization document expires. For instance, an employee's Employment Authorization Document (EAD) expires on May 1, 2026, but the employer doesn't reverify their authorization until after they have continued working. This is a serious compliance error that can result in penalties for knowingly employing an unauthorized worker. Set calendar alerts for all expiring documents and complete reverification before the authorization lapses.

3

3. Incorrectly Dating Section 2

Entering the date the Form I-9 is completed in Section 2 instead of the employee's actual first day of employment for pay. The law requires employers to complete Section 2 within three business days of the employee's start date. Writing "June 10, 2026" (the day you reviewed documents) when the employee started on "June 5, 2026" creates an inaccurate record. This dating error is a common finding in ICE audits that can be easily avoided by verifying the official start date with payroll or the hiring manager.

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Form I-9 (Employment Eligibility Verification) by City in Michigan

CityFee RangeTimeline
Detroit
Grand Rapids
Warren

Timeline: Varies

1

1. Gather Required Documents for the Employee

Identify which combination of documents your new employee will provide to prove their identity and work authorization for the 'List A' or 'List B and C' sections of Form I-9. This is the employee's responsibility, but you must clearly communicate the acceptable document lists from the I-9 form instructions. Common acceptable documents include a U.S. passport (List A) or a state driver's license (List B) plus a Social Security card (List C). The biggest delay occurs when an employee presents expired documents or documents not on the lists, requiring them to return with correct forms.

1-2 days before the employee's first day of work
2

2. Complete Section 1 (Employee Information and Attestation)

Have the employee complete Section 1 of Form I-9 (2026 version) no later than their first day of employment for pay. They must provide their full legal name, address, date of birth, Social Security number, and citizenship/immigration status. This can be done on paper or electronically if using an E-Verify compatible system. Ensure the employee signs and dates the attestation; an incomplete or unsigned Section 1 is a common compliance violation cited by U.S. Immigration and Customs Enforcement (ICE).

On or before the employee's first day of work
3

3. Complete Section 2 (Employer Review and Verification)

As the employer in Detroit, you must physically examine the employee's original documents and complete Section 2 within 3 business days of their start date. You will record the document title, issuing authority, number, and expiration date from the acceptable lists. You must also sign and date this section. A frequent rejection trigger in E-Verify is transposing numbers from the document or entering the document's issue date instead of its expiration date. This step is mandatory for all employees, including U.S. citizens.

Within 3 business days of the employee's start date
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Other Requirements You'll Need

This is one of 13 requirements for opening a restaurant in Michigan.

FAQ

Timelines vary significantly. Completion is immediate for the employer and new hire to fill out Section 1 and 2, but the required document verification must be done within three business days of the employee's start date, per USCIS rules. You must retain the completed form for as long as the person is employed and for three years after their hire date—misplaced or incomplete forms are a common audit trigger.

There are no government filing fees to complete or file a Form I-9 with USCIS. However, failure to properly complete and retain I-9s can result in civil penalties from ICE ranging from $272 to $2,701 per violation, based on the most recent Department of Homeland Security fine schedule. These fines apply nationwide, including in Detroit.

Yes, you transfer the form itself with the employee's file. The Form I-9 is specific to the individual, not the location. However, opening a new establishment often triggers other local compliance needs. For instance, a new Detroit location will require a separate City Business License/Registration and possibly a Business License (Restaurant).

You do not renew a Form I-9. It is a one-time verification for each employee at hire. However, if an employee's employment authorization document expires, you must reverify their eligibility using Section 3 of the form before the expiration date. The re-verification process is critical to avoid penalties, which are assessed on a per-form basis.

An inspection is an audit by Immigration and Customs Enforcement (ICE). You will receive a Notice of Inspection (NOI) and have three business days to produce all I-9 forms for your active and recently terminated workforce. Auditors check for missing forms, incomplete sections, and improper document verification. Common mistakes, like failing to use a translator's certification when needed, can lead to fines even if the employee is authorized to work.

About This Data

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 Michigan specifically, we have analyzed compliance dossiers for 3 cities (Detroit, Grand Rapids, Warren), 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.

157+Cities analyzed
9,849Requirements tracked
8,415Forms analyzed
433,000Fields classified

Sources

  • Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)
How we verify data

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