Failing to verify employment eligibility can result in fines of $250 to over $2,500 per employee from U.S. Immigration and Customs Enforcement (ICE), jeopardizing your business license. In Jersey City, New Jersey, you must complete the Form I-9 (Employment Eligibility Verification), also called the employment eligibility form, for every new hire.
Analyzed from Form I-9 (Employment Eligibility Verification)
83% from one compliance interview
Manual entry or document upload required
For every new hire in Jersey City—including for your first cook or dishwasher—federal law requires you to complete a Form I-9 (Employment Eligibility Verification). The legal basis is the Immigration Reform and Control Act (IRCA) of 1986, codified in the Immigration and Nationality Act (INA). This law mandates that all U.S. employers, regardless of location or size, must verify the identity and employment authorization of each person they hire. The U.S. Citizenship and Immigration Services (USCIS) administers the form, and it must be completed within three business days of the employee's start date. There is no "Jersey City-specific" I-9, but failure to comply carries significant federal penalties enforced locally.
Non-compliance is not just a paperwork error; it triggers substantial financial and operational risks. Based on ApronPrep's analysis of employer audits, the consequences include:
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 for all new hires; USCIS updated the form to allow for optional remote document inspection for E-Verify participants in good standing.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | All employers, including full-service restaurants, must complete a Form I-9 for every new hire to verify their identity and employment authorization, as mandated by federal law (8 U.S.C. § 1324a). |
| Bar / Nightclub | Required | Bars and nightclubs that hire employees are subject to the same federal employment eligibility verification requirements as any other business under the Immigration Reform and Control Act. |
| Food Truck | Required | Food trucks with paid employees must complete Form I-9 for each worker, as the requirement applies to all employers regardless of the business's mobile nature. |
| Coffee Shop / Café | Required | Coffee shops and cafés employing staff are required to verify the work authorization of all new hires by completing a Form I-9, per federal regulations. |
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 presented a valid document from List A or a combination from Lists B and C proving they are authorized to work in the United States.
COMMON MISTAKE: Checking this box when the employee is a U.S. Citizen or Lawful Permanent Resident, which creates a legal discrepancy between the attestation and the presented documents.
Check this box if the employee has presented a valid Permanent Resident Card (Form I-551, 'green card'), which is a List A document proving both identity and work authorization.
COMMON MISTAKE: Failing to reverify an expiring green card; the card must be unexpired on the date of hire to use this attestation.
Check this box only for employees who owe permanent allegiance to the U.S. but are not citizens, such as those born in American Samoa or certain Swains Island inhabitants, who present a U.S. passport or Certificate of Noncitizen Nationality.
COMMON MISTAKE: Confusing this category with 'Lawful Permanent Resident'; it is a rare status, and misclassification is a common I-9 audit finding.
Check this box if the employee has presented a U.S. passport, passport card, or other List A or C document proving U.S. citizenship and work authorization.
COMMON MISTAKE: Accepting an expired U.S. passport as proof; for Form I-9 purposes, a U.S. passport can be expired only if it was presented to prove citizenship for a previous I-9 on file.
Check this box in Section 3 only if you are using the remote document examination alternative procedure (authorized by DHS) for this specific reverification or rehire event.
COMMON MISTAKE: Using the alternative procedure checkbox without being enrolled in a qualifying E-Verify program or for an initial hire, which violates the specific DHS authorization.
Check this box for a second reverification/rehire event if you are conducting remote document inspection under the DHS-authorized alternative procedure.
COMMON MISTAKE: Inconsistent use of the procedure; employers must apply it uniformly for all remote examinations during the authorization period to avoid discrimination claims.
Check this box for a third reverification/rehire event conducted via the authorized remote examination alternative procedure.
COMMON MISTAKE: Failing to retain the required supplemental documentation (e.g., copies of documents or video recording) as mandated by the alternative procedure rules.
Enter the employee's legal last name (surname) exactly as it appears on the document they presented from List A or List B for identity.
COMMON MISTAKE: Entering a nickname, hyphenating a name that isn't hyphenated on the document, or omitting a last name altogether, which causes a mismatch during audits.
Enter the employee's legal first name exactly as it appears on their presented identity document (List A or List B).
COMMON MISTAKE: Using a common shortened version (e.g., 'Mike' for 'Michael') or including a middle name in this field, which does not match the government record.
Enter the employee's middle initial only if one exists on their presented identity document; if no middle name, leave this field blank.
COMMON MISTAKE: Entering a full middle name instead of a single initial, or inserting an initial when the document shows none, creating an inconsistency.
ApronPrep auto-fills 106 of 128 fields from a single compliance interview — no re-typing, no guessing what the government expects.
New hires often leave the 'Citizenship/Immigration Status' box unchecked or forget to sign and date. This violates the requirement that Section 1 be completed no later than the first day of employment for pay. The consequence is a paperwork violation that can lead to fines during an ICE audit. To avoid, give the employee the form immediately, review the instructions for each attestation box, and ensure it's signed before they start work.
Employers accept documents from List B (identity) or List C (employment authorization) that are expired, or they fail to record the document title, number, and expiration date in full. For example, recording a passport number as '123456' instead of the full alphanumeric string. This mistake can invalidate the entire verification, creating liability. To avoid, physically examine original documents, record every field exactly as it appears, and use an E-Verify Case Number if you participate in that program.
The employer representative (or HR) forgets to sign, date, and print their name, title, and business address in Section 2. This omission renders the form incomplete and unusable for the required three-year retention period. The consequence is a guaranteed compliance failure if inspected. To avoid, treat Section 2 completion as a mandatory checklist item immediately after reviewing the employee's documents, ensuring all employer fields are filled.
ApronPrep auto-fills 106 of 128 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Jersey City | ||
| Newark | ||
| Paterson |
Download the current, approved Form I-9 (edition date 2026) directly from the official U.S. Citizenship and Immigration Services (USCIS) website. Do not use older editions. Employers must use the correct version for every new hire. Keep blank copies on hand and have a Section 2 preparer/translator certification ready if needed.
The employee must fill out Section 1 of Form I-9 on or before their first day of paid work. Provide them a private space to complete it and answer questions. They must provide their legal name, address, date of birth, Social Security Number (if applicable), and attest to their citizenship or immigration status. Employees who use a preparer/translator must complete that certification. Missing or incorrect Section 1 information is a common compliance error.
You, as the employer, must complete Section 2 within 3 business days of the employee's start date. You must physically examine original, unexpired documents from the USCIS Lists of Acceptable Documents to verify the employee's identity and employment authorization. Record the document title, issuing authority, number, and expiration date (if any) in Section 2. Common mistakes include accepting expired documents or failing to examine them in person.
This is one of 13 requirements for opening a restaurant in New Jersey.
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local
state
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See all co-required forms and how they connect to your compliance dossier.
See All RequirementsTiming varies. The I-9 form itself must be completed by the employee on their first day of work and verified by you, the employer, within three business days. There is no external government processing period for filing the form, but you must retain it for inspection. You should pair this process with an Application for Employer Identification Number to establish your tax identity before hiring.
Government filing fees are $0–$0. The form and instructions are provided for free by U.S. Citizenship and Immigration Services (USCIS). However, failing to properly complete or retain I-9s can result in fines from the Department of Homeland Security, which can range from $272 to $2,701 per violation, according to the agency's published civil penalty schedule.
No, you do not transfer an I-9. The form is tied to the specific employer who completed Section 2. If you move your business to a new location within Jersey City, you must physically transfer the I-9 files for all current employees to the new site and keep them accessible. For the new premises, ensure you have the correct local City Business License/Registration.
You do not renew I-9 forms. A form is valid for the duration of an employee's tenure unless their employment authorization documentation expires. In that case, you must reverify by the document's expiration date and update Section 3 of the form. You must retain each I-9 for three years after the hire date or one year after employment ends, whichever is later, as required by federal law (8 CFR 274a.2).
An inspection, or audit, is conducted by Immigration and Customs Enforcement (ICE) or the Department of Labor. You will receive a Notice of Inspection (NOI) and have three business days to present your I-9 forms for all current employees and, in some cases, terminated employees. Agents check for proper completion, timely verification, and valid documentation. Non-compliance can lead to substantial fines, so maintaining an organized I-9 file is critical. Not legal advice — verify requirements 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 New Jersey specifically, we have analyzed compliance dossiers for 3 cities (Jersey City, Newark, Paterson), 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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