Colorado Adds New I-9 Notice & Acknowledgement Requirement for Employers
New Law Also Prohibits Improper Retention of
Government-Issued IDs
Bottom Line — Starting August 12, 2026, Colorado employers must —
- Add a new written notice and acknowledgment step to the Form I-9 compliance process; and,
- Ensure government issued identification documents are not retained longer than permitted by the new law.
What Does This Mean for Colorado Employers?
This new law passed in Colorado imposes specific restrictions on how employers handle government-issued identification documents for their Colorado employees. The law prohibits employers from demanding, confiscating, or improperly retaining certain identification documents, including state-issued photo IDs and driver’s licenses, passports, and social security cards.
The law does not change federal Form I-9 requirements. Employers may still inspect original documents, make copies where permitted, and temporarily retain originals for up to 10 hours to complete employment eligibility verification.
Employers also must now provide written notice – in the employee’s primary language – explaining these protections and obtain a signed acknowledgment during the employment eligibility verification process.
Employers must retain the written acknowledgment in employees’ personnel records.
Why Does It Matter?
These new requirements create an additional Colorado-specific step in the employer onboarding compliance process.
Employers using electronic I-9 systems, centralized onboarding, or multi-state hiring processes may need system updates or new workflows to ensure compliance for Colorado employees.
The law also carries significant risk. Criminal penalties may apply to improper retention of government-issued identification documents. Employees may also pursue civil claims.
The statute does not establish definitive penalties for the procedural notice and acknowledgment requirements, but these may be identified in future regulations or other guidance.
What Should Employers Do Now?
Employers with Colorado employees should—
- Develop and incorporate a written notice and acknowledgment process into existing onboarding procedures;
- Properly retain the acknowledgment in employee records but separate from the I-9 form itself; and,
- Train HR personnel and managers on document handling, notice obligations, and recordkeeping requirements.
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If you have questions about this Alert or need guidance regarding workplace immigration compliance, please contact the Silberman Law legal professional with whom you work, or simply reply to this Alert.
