Navigating I-9 Compliance Amid Evolving Employment Verification Policies

For U.S. employers, Form I-9, the Employment Eligibility Verification form, is the foundation of lawful hiring. Every new employee must complete Section 1 on their first day, and employers must complete Section 2 within three business days by examining original documents that establish identity and work authorization. Accurate completion and retention of I-9 forms is essential- failure to comply can lead to penalties and enforcement actions.

Recent policy shifts and enforcement activity have elevated the importance of I-9 compliance. The Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE) have signaled a heightened focus on workplace enforcement, including more frequent inspections and audits of employment verification records.

Another notable development affecting employers enrolled in E-Verify is the introduction of ongoing monitoring tools, such as the Status Change Report, which can help identify when employment authorization documents (like certain EAD cards) have been revoked.

Practical tips for employers in this environment include:

• Conduct internal I-9 audits to catch and correct errors before an inspection.

• Ensure your HR team uses the correct form edition and understands the latest updates.

• Retain I-9s and related E-Verify records according to federal retention rules.

• Train staff on completing and reviewing forms accurately and consistently.

Staying informed and proactive helps employers reduce compliance risk and be better prepared for any verification or audit activities that may arise in a shifting regulatory landscape.