Do staffing agencies or clients complete I-9?

Both staffing agencies and client companies share I-9 responsibility, but the initial completion obligation typically falls on the staffing agency as the legal employer of record. When a staffing agency places a temporary or contract worker at a client company, the agency must complete the employee's I-9 form (Sections 1 and 2) within the standard 3-business-day timeframe from the employee's first day of work at the client site. However, client companies can be held jointly liable for I-9 violations if they exercise sufficient control over the worker's employment terms, work conditions, or termination decisions—a determination ICE makes based on factors like who sets schedules, who supervises daily work, who provides equipment, and who determines compensation rates. This joint liability means both parties face penalties if the I-9 is incomplete, incorrect, or fraudulent, potentially doubling the financial exposure for a single violation.

To manage this shared risk, many staffing arrangements include contractual clauses specifying which party assumes primary I-9 responsibility and how compliance verification will be documented. Best practices include: staffing agencies completing initial I-9 verification before sending workers to client sites, client companies conducting secondary identity verification upon worker arrival (though not completing a duplicate I-9), both parties maintaining records demonstrating due diligence in employment eligibility verification, and clear communication protocols when reverification becomes necessary due to work authorization expiration. Client companies in high-risk industries—hospitality, healthcare, construction, manufacturing—often require staffing agencies to provide certified copies of completed I-9 forms and proof that authorized representatives properly examined identity documents, creating an audit trail that demonstrates both parties fulfilled their obligations.

Lake Mead Mobile Notary serves as an authorized representative for I-9 verification for both staffing agencies and client companies throughout Las Vegas, Henderson, and Clark County. For staffing agencies, our mobile notaries travel to new employee locations—homes, co-working spaces, or client sites—to complete Section 2 verification before the worker's first shift, ensuring compliant I-9s before placement. For client companies receiving temporary workers, we provide verification services that document proper identity checks without creating duplicate I-9 forms that violate federal rules. This dual-service approach helps both parties maintain Summerlin South area compliance, reduce joint liability exposure, and demonstrate the due diligence ICE expects during audits of staffing arrangements.