Now more than ever, employers should be prepared for the possibility of an I-9 employment verification audit.
As immigration enforcement efforts become more focused, it’s increasingly important for businesses to ensure compliance with employment eligibility verification laws. U.S. Immigration and Customs Enforcement (ICE) has recently increased the frequency of I-9 employment verification audits, making it essential for employers to take proactive steps and implement sound compliance practices. This article explores what you need to know about I-9 audits, common compliance pitfalls, and practical steps to prepare your business for potential inspections.
Understanding the Importance of Form I-9 Compliance
Federal law requires all U.S. employers to complete and retain Form I-9 for every employee to verify identity and work authorization. Even small mistakes in documentation can result in fines, so maintaining accurate and up-to-date records is a critical part of responsible business operations.
Enforcement activity is expected to increase under the Trump administration, with a heavier focus on industries like agriculture, construction, and manufacturing. Companies not enrolled in E-Verify—a web-based system that verifies employment eligibility—may face closer scrutiny, making proactive compliance even more critical.
Why Compliance Matters
Non-compliance with I-9 regulations can have serious consequences. Civil penalties for paperwork violations range from $2,861 to over $28,619 per violation for repeat offenses. In more severe cases, knowingly hiring unauthorized workers can lead to additional sanctions, including potential business license suspensions or legal penalties.
Take These Five Steps to Stay Compliant
Taking a few proactive measures can help your organization confidently navigate I-9 compliance:
- Conduct regular internal audits
Periodic self-audits are an effective way to identify and correct errors before an ICE inspection. Ensure that I-9 forms are properly completed for every employee, including those hired remotely. Corrections should follow federal guidelines and records must be retained for three years after hire or one year after termination, whichever is later. The HR team ensures thorough, accurate, and compliant internal audits by identifying errors, implementing best practices, and supporting documentation review. We help correct issues properly and strengthen recordkeeping to minimize risk and enhance audit readiness. - Train HR and management teams
Regular training ensures that HR and hiring managers understand I-9 requirements, acceptable documentation, common errors, and proper procedures. Section 1 must be completed by the employee’s first day and Section 2 within three business days of the start date. - Establish a document retention policy
Keeping I-9 records well-organized—electronically or on paper—is key to quick and easy responses during audits. Centralized storage, periodic reviews, and timely destruction of outdated records are essential for a robust compliance system. - Prepare for ICE audits and worksite visits
Unannounced worksite visits can and do happen, so it’s wise to have a response plan in place. Designate a compliance officer or legal contact to coordinate any audits, and ensure your team understands how to respond appropriately, such as verifying warrants and knowing what areas are public vs. private. Employers working with staffing agencies should also confirm that proper I-9 records are being maintained for all workers. - Consider enrolling in E-Verify
Although not mandatory for all employers, E-Verify provides an additional layer of assurance in confirming employment eligibility. Participation demonstrates good-faith compliance and may reduce the likelihood of being targeted for enforcement.
Common I-9 Errors and How to Correct Them
ICE audits focus on both technical and substantive violations. Technical errors may include missing dates or document numbers, while more serious issues involve missing signatures, incomplete verification sections, or failure to reverify expiring work authorizations. Employers can—and should—correct technical errors using proper methods, such as initialing and dating all changes.
Responding to a Notice of Inspection (NOI)
If a Notice of Inspection is issued, employers have only a short window—typically three business days—to provide the requested documents. It’s important to consult legal counsel promptly, review existing I-9s for errors, and correct them where appropriate. Organizing your response can go a long way in demonstrating your commitment to compliance. ICE may take several months to complete their review and could issue various notices, such as a Compliance Notice, a Notice of Suspect Documents, or a Notice of Intent to Fine. In such cases, working with legal counsel can help reduce potential penalties and resolve issues effectively.
District of Columbia-Specific Compliance Considerations
In addition to federal requirements, businesses operating in Washington, D.C. should be aware of active local workplace inspection practices, including those related to labor law posters and family leave compliance. Local agencies are currently conducting inspections to ensure adherence to these requirements. Ensure that all required postings—such as those for the District of Columbia Family and Medical Leave Act (DCFMLA)—are clearly displayed in accessible, visible locations within the workplace. Staying up to date with these local mandates is essential to avoiding citations or penalties during inspections.
With heightened attention to I-9 employment verification audits and workplace enforcement, a forward-looking, compliance-focused approach is essential Staying informed and thoughtfully prepared helps mitigate risk and supports a workforce that’s fully aligned with the law.
The HR Team brings invaluable support throughout the entire preparation process—offering expert guidance, customized compliance strategies, and hands-on assistance to ensure your organization is audit-ready. From policy development to staff training and documentation reviews, we help you successfully navigate the complexities of I-9 compliance.
Ready to face I-9 employment verification audits with confidence? Learn more about The HR Team and how our strategic solutions can help your organization thrive in the face of any challenge. Contact us today.
About The HR Team: Founded in 1996, The HR Team is a Maryland-based human resources outsourcing firm committed to developing strategic, customized solutions that respond to the unique needs and cultures of organizations of all types and sizes. Available as a one-source alternative to an in-house HR department or on an à la carte project basis, the company’s flexible service models address the full spectrum of HR needs that many organizations struggle to address. The HR Team helps clients achieve their highest level of success by providing value-driven human resources services that leave them time to focus on what they do best: directing business growth and profitability. Headquartered in Columbia, Maryland, the firm serves all of Maryland, Washington, DC, and Virginia. To learn more about The HR Team, call 410.381.9700 or visit https://www.thehrteam.com/
