Strengthening I-9 Compliance Amid Increased Federal Scrutiny

Strengthening I-9 Compliance Amid Increased Federal Scrutiny

According to attorney Brendan J. Venter of Harris Beach Murtha, federal enforcement of employment verification and I-9 compliance is expected to intensify over the next four years, with a focus on employer adherence to Form I-9 requirements. 

Agencies such as US Citizenship and Immigration Services (USCIS), Immigration and Customs Enforcement (ICE), and the Department of Labor (USDOL) are likely to increase worksite audits and inspections. Employers must ensure strict I-9 compliance to mitigate potential legal and financial risks.

Form I-9 serves as the primary mechanism for verifying employment eligibility. Employers must complete an I-9 for every new employee, regardless of nationality, and update it when work authorization documents expire. Failure to comply with these requirements can result in penalties, particularly as ICE audits are expected to rise. 

Venter highlights key best practices, including:

• Timely Completion: Employees must complete Section 1 by their first workday, while employers must verify documentation and complete Section 2 within three business days of the hire date.
• Proper Documentation: Employees must provide original, unexpired documents from either List A or a combination of List B and C. Employers cannot specify which documents to present.
• In-Person Verification: Physical inspection of documents is mandatory unless using E-Verify’s remote verification procedures.
• Reverification Procedures: Employers should track expiration dates of work authorization documents and implement a reminder system for timely updates.
• Training and Self-Audits: Regular training and internal I-9 audits help identify and correct errors before an ICE inspection occurs, reducing potential fines.

Employers should take a proactive approach to I-9 compliance by conducting self-audits, establishing clear policies, and engaging legal counsel as needed to minimize enforcement risks and maintain a legally compliant workforce.