Employees must complete and sign Section 1 of Form I-9 no later than their first day of employment, according to U.S. Citizenship and Immigration Services.
Key takeaways
- State scope limits: North Carolina defines an employer as an organization employing 25 or more employees in the state according to North Carolina General Assembly.
- Specific prohibitions: Arizona law prohibits employers from intentionally employing unauthorized aliens according to Arizona State Legislature.
- Certification requirements: Each preparer or translator helping with Section 1 must provide their name and address and sign a separate certification block on Supplement A according to U.S. Citizenship and Immigration Services.
- Date matching: Verify that the expiration date for employment authorization in Section 1 matches the expiration date of the List A or List C document presented for Section 2 according to U.S. Citizenship and Immigration Services.
- Case closure: E-Verify automatically closes cases resulting in Employment Authorized, removing the need for manual intervention in those instances according to E-Verify.
Who North Carolina defines as an employer and employee
North Carolina General Assembly statute G.S. 64-25 sets specific thresholds that determine whether a business falls under its definitions. The statute defines an "Employee" as any individual who provides services or labor for an employer in this State for wages or other remuneration, according to North Carolina General Assembly. This definition applies to individuals providing services or labor within the state boundaries for compensation.
The term "Employer" is defined as any person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State, according to North Carolina General Assembly. To meet this threshold, an organization must both conduct business operations within North Carolina and maintain a workforce of at least twenty-five employees located in the state.
Two specific exclusions modify these definitions. First, the employee definition does not include an individual whose term of employment is less than nine months in a calendar year, according to North Carolina General Assembly. Individuals employed for shorter durations fall outside this particular statutory category. Second, the employer definition explicitly excludes State agencies, counties, municipalities, or other governmental bodies, according to North Carolina General Assembly. Public sector entities are distinct from private business entities under these provisions.
| Definition Term | Statutory Requirement or Exclusion | Source |
|---|---|---|
| Employee | Any individual who provides services or labor for an employer in this State for wages or other remuneration | North Carolina General Assembly |
| Employer | Any person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State | North Carolina General Assembly |
| Short-term exclusion | Does not include an individual whose term of employment is less than nine months in a calendar year | North Carolina General Assembly |
| Governmental exclusion | Does not include State agencies, counties, municipalities, or other governmental bodies | North Carolina General Assembly |
Check your current in-state headcount against the twenty-five employee threshold to determine if your organization fits the "Employer" definition under G.S. 64-25.
Arizona prohibitions and the good faith defense
The statute explicitly prohibits an employer from intentionally employing an unauthorized alien, as stated in 23-212.01 according to Arizona State Legislature. This prohibition is distinct from but related to the rule against knowingly employing an unauthorized alien, which appears in 23-212 according to Arizona State Legislature. If an employer uses a contract, subcontract, or other independent contractor agreement to obtain labor in the state, knowingly contracting with an unauthorized alien or with a person who employs or contracts with an unauthorized alien to perform that labor constitutes a violation under 23-212 according to Arizona State Legislature.
Section 23-212 also provides an affirmative defense. An employer that establishes it has complied in good faith with the requirements of 8 United States Code section 1324a(b) establishes an affirmative defense that the employer did not knowingly employ an unauthorized alien, under 23-212 according to Arizona State Legislature. This defense is specifically tied to compliance with the federal I-9 verification requirements cited in the code section.
The following table summarizes the specific provisions and defenses available under these Arizona statutes:
| Provision Type | Specific Rule or Defense | Source |
|---|---|---|
| Intentional Employment Prohibition | An employer shall not intentionally employ an unauthorized alien | Arizona State Legislature |
| Knowing Employment Prohibition | An employer shall not knowingly employ an unauthorized alien | Arizona State Legislature |
| Good Faith Affirmative Defense | Compliance in good faith with 8 United States Code section 1324a(b) establishes a defense against knowing employment charges | Arizona State Legislature |
To apply these rules, verify that your internal hiring documentation demonstrates good faith compliance with the federal requirements referenced in the affirmative defense clause before finalizing any new hire placement in Arizona. For related guidance, see immigration employment rules.
Form I-9 timing and authorization expiration checks
You may review the employee’s document(s) and fully complete Section 2 at any time between the date the employee accepts the job offer and completes Section 1 to within three business days of the hire, according to U.S. Citizenship and Immigration Services. This window allows employers to finalize employer-side verification shortly after the initial offer is accepted, provided the employee has already completed their portion of the form.
When reviewing documents for Section 2, Employer Review and Attestation, check whether the expiration date for employment authorization your employee provided in Section 1 matches the expiration date of the List A or List C document they presented, according to U.S. Citizenship and Immigration Services. If the dates do not align, verify which date controls the validity of the work authorization before finalizing the form.
| Form Component | Timing or Comparison Requirement | Source |
|---|---|---|
| Section 2 | Complete between offer acceptance/Section 1 completion and three business days post-hire | U.S. Citizenship and Immigration Services |
| Authorization Date | Match Section 1 attestation with List A or List C document expiration | U.S. Citizenship and Immigration Services |
For one accepted hire, compare the Form I-9 Section 1 authorization expiration with the presented List A or List C document expiration and check that any completed supplement pages accompany the form.
Illustrative example: one accepted hire
Consider a staffing team with 25 employees in North Carolina that places one worker. The worker accepts the offer and completes Section 1 the same week. The team checks Section 2 within 3 business days of the hire, compares the Section 1 expiration date with the List A or List C document, and files any Supplement A pages with the Form I-9. Because the team has 25 in-state employees, it meets the headcount part of the North Carolina employer definition.
Employment verification reference table by publisher
The following table consolidates the specific definitions, prohibitions, and procedural rules cited in this article. Each row links a core verification requirement directly to its originating publisher and source URL. Use this as a quick-check reference when assembling your new-hire file.
| Publisher | Core Verification Rule or Definition | Source URL |
|---|---|---|
| North Carolina General Assembly | Defines an employer as any organization transacting business in the state with 25 or more employees in the state according to North Carolina General Assembly | North Carolina General Assembly |
| Arizona State Legislature | Establishes that good faith compliance with federal requirements provides an affirmative defense against knowingly employing unauthorized aliens according to Arizona State Legislature | Arizona State Legislature |
| U.S. Citizenship and Immigration Services | Requires employees to complete and sign Form I-9 Section 1 no later than their first day of employment according to U.S. Citizenship and Immigration Services | U.S. Citizenship and Immigration Services |
| U.S. Citizenship and Immigration Services | Mandates that each preparer or translator provide their name and address and sign a separate certification block on Supplement A according to U.S. Citizenship and Immigration Services | U.S. Citizenship and Immigration Services |
| U.S. Citizenship and Immigration Services | Directs employers to check whether the Section 1 authorization expiration date matches the List A or List C document expiration date according to U.S. Citizenship and Immigration Services | U.S. Citizenship and Immigration Services |
| E-Verify | States that the system automatically closes cases resulting in Employment Authorized according to E-Verify | E-Verify |
Certifications to retain and E-Verify cases to close
Each preparer or translator who helps your employee must provide their name and address and must sign and date a separate certification block on Supplement A, Preparer and/or Translator Certification for Section 1, according to U.S. Citizenship and Immigration Services. You must retain completed supplement pages with the employee’s completed Form I-9, according to U.S. Citizenship and Immigration Services. E-Verify is an Internet-based system that compares information entered by an employer from an employee’s Form I-9, Employment Eligibility Verification, to records available to the U.S., according to E-Verify (USCIS). If the initial case result is a Tentative Nonconfirmation (mismatch), the employer must notify the employee so the employee can decide whether or not to take action to resolve the mismatch, according to E-Verify. To complete the E-Verify process, the employer must receive a final case result and close the case, according to E-Verify. For a wider file check, see the recruiting records audit.
| Process Step | Required Action or Outcome | Source |
|---|---|---|
| Preparer certification | Provide name and address; sign and date separate certification block on Supplement A | U.S. Citizenship and Immigration Services |
| Document retention | Retain completed supplement pages with the employee’s completed Form I-9 | U.S. Citizenship and Immigration Services |
| Mismatch notification | Notify employee of Tentative Nonconfirmation so they can decide whether to take action | E-Verify |
| Case closure | Receive a final case result and close the case; Employment Authorized cases close automatically | E-Verify |
Next step for today
Pull one open new-hire file today and check the Section 1 expiration date against its List A or List C document. Then confirm that any Supplement A pages are filed with the Form I-9.
Related guides: Age discrimination: 8 hiring and benefits rules · New hire benefits: 5 IRS rules and examples.
FAQ: applying verification requirements to your hire
What employment verification requirements should I separate in a new hire file?
Keep the employee's signed Section 1 distinct from the employer's Section 2 review and any Supplement A certifications. Separating these components helps you track which party completed each part of the form.
Does North Carolina's employer definition include my business with fewer than twenty-five employees in the state?
No, because the definition requires employing 25 or more employees in the state. If your headcount falls below that threshold, you do not meet this specific statutory criterion.
When can an employee complete Form I-9 Section 1?
An employee may complete Section 1 any time after they accept the job offer. However, they must finish and sign it no later than their first day of employment, according to U.S. Citizenship and Immigration Services. This window allows flexibility before the actual start date while ensuring completion by the commencement of work.
What must a preparer or translator provide on Supplement A?
Each preparer or translator must provide their name and address. They must also sign and date a separate certification block on Supplement A, Preparer and/or Translator Certification for Section 1, according to U.S. Citizenship and Immigration Services. Retain these completed pages with the employee's Form I-9 to document who assisted with the initial section.
How does an Employment Authorized result affect E-Verify case closure?
The system automatically closes cases resulting in an Employment Authorized status. No manual action is required to close the case once this specific result is generated, according to E-Verify.