The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) can impose penalties of up to $2,332 per violation for failing to properly verify employee eligibility, also called an Employment Eligibility Verification. 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 under the Immigration and Nationality Act (INA) and enforced by U.S. Citizenship and Immigration Services (USCIS). The law, specifically the Immigration Reform and Control Act (IRCA) of 1986, makes it illegal for any employer in the United States, including those in Portland, Oregon, to knowingly hire or continue to employ individuals who are not authorized to work in the country. The requirement applies equally to all employers, regardless of size or industry. Every new employee must complete Section 1 of the form by their first day of work, and employers must complete Section 2 within three business days of the employee's start date.
Failure to properly complete, retain, or present Form I-9 for inspection can trigger significant legal and operational consequences. Based on ApronPrep's analysis of employer compliance data, the most common penalties include:
Legal code: Immigration and Nationality Act (INA), Immigration Reform and Control Act (IRCA)
Recent update: As of March 2026, employers must use the 2026 edition of Form I-9 (revision date 10/21/2025), as specified by USCIS; the List of Acceptable Documents on page 4 has been updated.
| Type | Required | Notes |
|---|---|---|
| Restaurant (Full-Service) | Required | Required for all paid employees, as mandated by federal law (Immigration Reform and Control Act of 1986) with no industry exemptions. |
| Bar / Nightclub | Required | Required for all hired employees, per the same federal statute; there is no exemption for establishments serving alcohol. |
| Food Truck | Required | Required if you have any paid employees; operating as a mobile unit does not exempt you from federal employment eligibility verification laws. |
| Coffee Shop / Café | Required | Required for all employees, as it is a standard employer obligation under U.S. Citizenship and Immigration Services (USCIS) 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 current Form I-94 or an Arrival-Departure Record (I-94/I-94A) showing unexpired employment authorization from USCIS.
COMMON MISTAKE: Checking this box when the employee has presented a Permanent Resident Card (Form I-551) instead, which belongs under 'Lawful Permanent Resident'—this mismatch with the presented document is a common audit failure.
Check this box if the employee has presented a valid, unexpired Permanent Resident Card (Form I-551) as their List A document for verification.
COMMON MISTAKE: Leaving this box unchecked when the employee's Permanent Resident Card is presented, which incorrectly classifies the worker and can lead to paperwork deficiencies during a U.S. Immigration and Customs Enforcement (ICE) audit.
Check this box only for a very specific category: individuals born in American Samoa or certain former citizens of the former Trust Territory of the Pacific Islands who owe permanent allegiance to the U.S.
COMMON MISTAKE: Incorrectly checking this box for a lawful permanent resident or a U.S. citizen from Puerto Rico, which constitutes a classification error on a federal form.
Check this box if the employee has attested to being a U.S. citizen, which can be supported by a U.S. passport, certificate of citizenship, or other List B/C combinations.
COMMON MISTAKE: Failing to check any box in this citizenship attestation section, which renders the form incomplete and invalid, requiring re-verification.
Check this box ONLY if you used the Department of Homeland Security's (DHS) remote or alternative examination procedure (e.g., video, fax, email) for the first reverification entry on page 4, as authorized for certain E-Verify participants.
COMMON MISTAKE: Checking this box for a standard, in-person reverification, which is not permitted and can invalidate the procedure if challenged in an audit.
Check this box ONLY if you used DHS's alternative examination procedure for the second reverification entry on page 4, in compliance with the specific federal guidance for remote inspection.
COMMON MISTAKE: Using alternative procedure checkmarks inconsistently across multiple reverifications for the same employee, creating an inconsistent audit trail.
Check this box ONLY if you used DHS's alternative examination procedure for the third reverification entry on page 4, following the same strict remote inspection rules.
COMMON MISTAKE: Assuming all reverifications qualify for the alternative procedure; it is only valid under specific DHS-authorized programs and for certain document types.
Enter the employee's legal last name (surname) exactly as it appears on the identity and employment authorization document they presented (e.g., passport, driver's license, Permanent Resident Card).
COMMON MISTAKE: Entering a maiden name, nickname, or a name with different spacing/hyphenation than the supporting document, which causes a data mismatch during E-Verify or an audit.
Enter the employee's legal first name (given name) precisely as shown on the document presented for Section 2 List A, B, or C.
COMMON MISTAKE: Using a common shortened version (e.g., 'Mike' for 'Michael') when the document spells out the full name, creating a discrepancy that must be corrected with a new form.
Enter only the first letter of the employee's middle name, if they have one. Leave blank if the employee has no middle name or initial.
COMMON MISTAKE: Entering a full middle name instead of a single initial, or entering an initial when the presented identity document does not show one, which is a frequent technical error.
ApronPrep auto-fills 106 of 128 fields from a single compliance interview — no re-typing, no guessing what the government expects.
Failing to have the new hire complete every required field in Section 1 on or before their first day of work. Employees often miss checking the citizenship/immigration status box, leave the 'Other Names Used' field blank when it should be 'N/A,' or omit their signature. The consequence is an incorrect or incomplete form from day one, which violates the law and requires immediate correction, adding administrative hassle during onboarding.
Using documents that do not meet the Lists of Acceptable Documents on the last page of Form I-9. A common mistake is accepting a standalone Social Security card without a photo ID (it must be paired with a List B document) or accepting a driver's license that is expired (it must be unexpired). This is a substantive verification error that can lead to fines of over $2,000 per violation if discovered during a USCIS audit.
Completing Section 2 based on copies, faxes, or scans of documents instead of inspecting the original, physical documents in the employee's presence (or via a live video link for remote hires under DHS rules). Relying on copies is a violation of the physical inspection requirement. For remote hires, the employer must document 'alternative procedures' were used on a separate sheet. Missing this step is a common procedural violation.
ApronPrep auto-fills 106 of 128 fields from one compliance interview.
No credit card required
| City | Fee Range | Timeline |
|---|---|---|
| Eugene | ||
| Portland | ||
| Salem |
Get the 2026 version of Form I-9 (Rev. 09/01/2025) directly from the U.S. Citizenship and Immigration Services (USCIS) website at I-9 Central. Employers cannot use outdated forms. While ApronPrep auto-fills Section 1 and some employer fields from your account data, you must complete Section 2 in person with original documents for each employee. Downloading the latest form and instructions is your first required action.
Provide the employee with the blank I-9 and have them complete Section 1, which has 35 fields for personal information and attestation of employment authorization. They must sign and date it by the end of their first working day. You must physically inspect their identity and work authorization documents, not photocopies, within 3 business days of their start date. The most common delay is an employee forgetting to sign or providing an incomplete residential address.
Inspect the employee's original documents from the USCIS Lists of Acceptable Documents. In Section 2, you or an authorized representative must physically examine each document, record the document title, issuing authority, number, and expiration date, and then sign and date. There is no submission to a government agency; you retain the form. A top mistake is accepting an expired document or failing to write 'N/A' in the expiration date field for a document that does not expire.
This is one of 13 requirements for opening a restaurant in Oregon.
federal
local
federal
state
See all co-required forms and how they connect to your compliance dossier.
See All RequirementsThe processing time for Form I-9 is immediate—you do not submit it to a government agency for approval. Federal law (8 CFR 274a.2) requires employers to complete Section 1 with the employee on the first day of work, and complete Section 2 within three business days of the hire date. No government-issued certificate is provided; the form is part of your internal records and can be inspected by U.S. Immigration and Customs Enforcement (ICE) with 72-hour notice.
There are no government filing fees for Form I-9, as confirmed by U.S. Citizenship and Immigration Services (USCIS). The form itself is free to download and use. However, the primary cost is your staff's time to verify acceptable documents, complete the form accurately, and maintain records. Completing federal forms like the Application for Employer Identification Number often involves similar internal labor costs rather than direct fees.
Yes, Form I-9 records must transfer with the employee if they move to a new worksite within your company. According to ICE guidelines, if an employee transfers, you may transfer their I-9 to the new worksite or retain it at the original location if it remains accessible for inspection. You do not need to complete a new I-9 for the transfer unless the employee's employment authorization requires re-verification, which is a separate process.
You do not 'renew' Form I-9. A completed form remains valid for the duration of the individual's employment, unless their work authorization is temporary and expires. In that case, you must re-verify their authorization in Section 3 before it expires. Permanent retention rules apply: you must keep the form for three years after the hire date, or one year after termination, whichever is later. This differs from annual local renewals like a City Business License/Registration.
ICE inspectors will provide a Notice of Inspection (NOI) at least 72 hours before the audit. You must present your original I-9 forms for all current employees and terminated employees from the retention period. Inspectors will review forms for completeness, accuracy, and proper documentation. Common errors leading to fines include expired documents, missing employee signatures in Section 1, and failing to reverify expiring work authorization. Not legal advice — consult with an immigration attorney for guidance.
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 Oregon specifically, we have analyzed compliance dossiers for 3 cities (Eugene, Portland, Salem), 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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