HR Headliner: Employers Urged to Prepare for Surge in I-9 Audits Amid Changing Immigration Policies

Employers Urged to Prepare for Surge in I-9 Audits Amid Changing Immigration Policies

As new regulations take effect, businesses face the risk of costly penalties for I-9 compliance failures; experts advise proactive audits and training to avoid issues.

The new presidential administration has already made significant changes to how the Federal government approaches immigration policy. Experts suggest that employers should be prepared for a surge in I-9 audits. During the first Trump administration, audits rose from over 1,300 in 2017 to almost 6,000 in 2018 and almost 6,500 in 2019. (The COVID-19 pandemic halted a planned 15,000 audits in 2020).

Employers are required by Federal law to complete Form I-9 for each new hire. New employees must provide documents that verify their identity and their work authorization, and employers must examine these documents to confirm their validity. Form I-9 documents this process. Employers who fail to follow these requirements or who complete Form I-9 incorrectly could be subject to civil fines, and employers who employ individuals not authorized to work in the United States may also be subject to criminal penalties.

While some industries, including agriculture, manufacturing, and construction, are more likely to be targets of I-9 audits, any employer could be subjected to an audit. If I-9 forms are missing, incomplete, or were completed late, if document information was transcribed incorrectly, or if forms have not been retained as required, employers could be subject to penalties totaling in the tens or even hundreds of thousands of dollars. Employers should review their new hire orientation process to ensure that I-9 forms are completed correctly, and previously completed I-9 forms are audited and (as needed) corrected. Every employer should now be using the recently updated Form I-9 with an expiration date of 05/31/2027.

USCIS has published guidance on internal audits for employers. Sierra HR Partners can also assist with internal audits and training administrative staff on completing I-9 forms accurately and making corrections appropriately. Once a Notice of Inspection has been received from ICE, employers typically have three days to provide requested forms; it is best to make corrections to forms before such notices are received.

Don’t forget – employers must post their 2024 annual summary of work-related injuries and illnesses (Form 300A) starting February 1. This summary must be left posted through April 30, even if no injuries occurred in 2024. Instructions and a blank copy of Form 300A can be found here from the DIR