Preparing for 2025: Strengthening I-9 Compliance Amid Changing Enforcement Priorities

What to Expect Under the New Administration

As 2024 winds down, employers have a key opportunity to fortify their U.S. immigration compliance efforts, particularly regarding I-9 and E-Verify requirements. With a new administration set to assume office in 2025, the I-9 employment eligibility verification process is poised to receive heightened scrutiny. This creates a critical window for businesses to enhance their hiring practices and minimize the risk of penalties associated with non-compliance.

The Evolving I-9 Enforcement Landscape
Historically, immigration enforcement has shifted significantly between administrations. During the Trump administration, U.S. Immigration and Customs Enforcement (ICE) prioritized worksite enforcement, conducting 5,981 I-9 audits in fiscal year 2018 and increasing to 6,450 in 2019. Although ICE aimed for 12,000 to 15,000 audits in 2020, the COVID-19 pandemic curtailed its efforts.
The Biden administration, by contrast, took a more measured approach to worksite enforcement, resulting in fewer I-9 audits. However, as a new administration steps in, employers should anticipate a renewed focus on compliance, including increased audits and stricter enforcement actions. Industries employing significant numbers of immigrant workers—such as construction, agriculture, and hospitality—may face closer scrutiny.

Proactive Compliance: A Strategic Imperative
To navigate this shifting landscape, businesses should prioritize I-9 compliance now. The penalties for violations, even for minor errors, can be substantial and are likely to increase under enhanced enforcement measures. Additionally, the potential for a nationwide mandate of the E-Verify system requires careful alignment between I-9 documentation and E-Verify records.
Recent updates to the I-9 process, including options for digital verification of remote workers, offer a streamlined path to compliance. Employers should leverage these advancements to modernize their procedures and reduce vulnerabilities.

The Role of Internal Audits
Proactive internal audits are an essential step in mitigating risks and preparing for government inspections. These audits allow employers to identify and correct errors, ensuring the accurate completion and retention of I-9 forms. They also provide a valuable training opportunity for HR teams, enhancing their ability to manage compliance confidently and competently.
Moreover, regular audits protect businesses from financial penalties and bolster their reputation in an increasingly compliance-conscious environment. By reviewing processes and implementing robust systems, employers can establish a solid foundation for meeting evolving standards.

Preparing for the Road Ahead
As immigration enforcement regains prominence, businesses must adopt a proactive approach to compliance. Conducting thorough I-9 audits, modernizing processes, and staying informed about regulatory changes are crucial steps to mitigate risks and maintain readiness for future inspections.
WorkforceQA offers comprehensive background screening services, including I-9, to help employers navigate this complex landscape. Our team of experts can guide your organization in strengthening compliance and adapting to emerging requirements. Let’s discuss how we can assist you in preparing for these anticipated changes in 2025.

---

I-9 Audit Checklist:
Use this checklist to ensure compliance with I-9 requirements and to prepare for a potential audit by government agencies.

1. Preparation
   • Appoint a Compliance Leader: Assign a person or team responsible for conducting the audit.
   • Gather All I-9 Forms: Collect I-9 forms for all current employees and retain forms for terminated employees within the retention period (3 years from hire or 1 year after termination, whichever is later).
   • Review E-Verify Records: If using E-Verify, ensure documentation aligns with I-9 records.

2. Review I-9 Forms
   • Section 1: Employee Information and Attestation
     • Verify all required fields are completed by the employee.
     • Check for missing signatures and dates.
   • Section 2: Employer Review and Verification
     • Confirm that acceptable documents from the Lists of Acceptable Documents (List A or List B and C) have been recorded.
     • Ensure documents have been physically examined and listed correctly.
     • Verify that document expiration dates are entered where required.
   • Section 3: Reverification and Rehires
     • Confirm that reverification is completed for employees with expired work authorization.
     • Check that Section 3 is completed for rehires when applicable.

3. Common Errors to Correct
   • Missing or incomplete fields in any section.
   • Incorrect document details (e.g., document title, issuing authority, or expiration date).
   • Failure to sign or date the form in any section.
   • Using an outdated version of the I-9 form.

4. Make Corrections Properly
   • Employee Errors: Have the employee make corrections, initial, and date the changes.
   • Employer Errors: Ensure the employer makes corrections, initials, and dates them.
   • Avoid Alterations: Do not use white-out or erase errors. Instead, draw a single line through the error and write the correction nearby.

5. Compliance Best Practices
   • Storage: Store I-9 forms separately from personnel files to simplify audits.
     • Use separate folders for current and terminated employees.
   • Retention: Purge outdated forms that exceed the retention requirement.
   • Digital Forms: If using an electronic system, ensure it meets federal guidelines for data security and accessibility.

6. Training and Procedures
   • Train HR staff on proper I-9 completion and handling procedures.
   • Develop a written I-9 policy to ensure consistent practices across the organization.

7. Self-Audit Documentation
   • Maintain records of the self-audit process, including corrections made and training conducted.
   • Note any systemic issues identified and the steps taken to address them.

8. External Support (Optional)
   • Consider engaging legal counsel or a compliance service provider, such as WorkforceQA, to assist with complex audits or high-risk areas.

9. Follow-Up
   • Schedule regular self-audits (e.g., annually or biannually) to ensure ongoing compliance.
   • Stay informed about changes to I-9 requirements and immigration laws.

By following this checklist, you can proactively address compliance gaps, reduce risk, and be prepared for a potential government audit.

For more information on WFQA’s Background Screening Solution visit:

---

I-9, Employment Eligibility Verification

• Completing Form I-9 for every employee: All employers must complete a Form I-9 for every person they hire, including U.S. citizens.
• Employee completes Section 1 on first day of work: The employee must fill out Section 1 of the I-9 form on their first day of employment.
• Employer completes Section 2 within three business days: The employer must review the employee’s documents and complete Section 2 of the I-9 within three business days of the hire date.
• Document review and retention: Employers must review original documents presented by the employee to verify their identity and employment eligibility and retain copies of these documents with the I-9 form.
• Proper storage of I-9 forms: Completed I-9 forms must be kept securely for three years after the hire date or one year after employment ends, whichever is later.
• No discrimination: Employers cannot discriminate against employees based on their immigration status when completing I-9 forms.

For more information:
U.S. Citizenship and Immigration Services