Worksite enforcement and immigration audits are on the rise under President Trump’s efforts to crack down on illegal immigration in his second administration. With updated fine schedules now in effect – reaching $2,861 per paperwork violation and up to $28,619 per unauthorized worker – getting ahead of an audit is worth every penny.
In this article, we outline key I-9 practical checks that your team can implement immediately.
I-9 Compliance Quick-Check
1. Completion Timing Requirements
- Section 1 (employee) must be completed no later than the first day of work.
- Section 2 (employer) must be completed within three business days of the start date.
- Supplement B (formerly Section 3) is used for:
- Rehiring an employee within 3 years, and
- Reverification of expired work authorization.
2. Document Retention
- Keep I-9s for three years after the date of hire or one year after termination—whichever is later.
- Active employee? Always retain their I-9—no matter how long they’ve been employed.
3. Acceptable Back-up Documents
- Accept only documents from List A or a combination of List B and List C.
- Do not reverify expired identity documents (List B) if a valid List C document is on file.
- Confirm documents are unexpired, appear genuine, and accurately relate to the individual.
4. Correction Protocols
- All corrections must be initialed and dated—do not erase or use white-out.
- Never backdate. If correction is extensive, complete a new I-9 and attach it to the original with a written explanation.
5. Technical vs. Substantive Errors
- Technical errors (e.g., missing A-number, incomplete field) must be corrected within 10 days of ICE notice.
- Substantive errors (e.g., unsigned Section 1, incorrect status box, missing Section 2) cannot be corrected retroactively and may trigger fines.
- Using the wrong version of Form I-9? Staple a blank current version to the completed outdated version with a note explaining the issue.
In today’s heightened enforcement environment, proactive I-9 compliance is no longer just good practice – it's a critical defense against significant financial penalties and operational disruptions.
By implementing the quick-check strategies outlined in this article, employers can strengthen their I-9 procedures, identify and correct common errors, and demonstrate a commitment to compliance.
Remember, whether you employ one foreign worker or hundreds, taking immediate steps to ensure compliance with federal Form I-9 requirements is paramount. For specific guidance on deeper remediation strategies or assistance with an audit response, it is always advisable to consult with experienced legal counsel.
