As an employer, staying on top of form I-9 compliance is more critical than ever. With increased audits and enforcement from agencies like the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE), your business could be at risk if your processes aren’t up to date. Now is the time to review your I-9 procedures, reduce compliance risks, and protect your company from hefty fines. A streamlined, well-organized approach can give you peace of mind and keep your business running smoothly.
Best Practices for Achieving I-9 Compliance
Provide Thorough Training
Ensure that individuals responsible for handling your organization’s Form I-9 process are well-trained in compliance requirements and have the skills to do so accurately. Many organizations designate a dedicated HR professional to oversee these procedures, train other team members, and serve as the internal expert for all Form I–9-related inquiries.
Training should cover key aspects such as:
- Properly completing Form I-9
- Storing and organizing forms securely
- Identifying and correcting form errors
- Tracking and reverifying expired authorizations
- Purging outdated forms in accordance with the law
- Conducting internal audits and preparing for government audits
Training must remain an ongoing effort. Updates to Form I-9 procedures from federal agencies like U.S. Citizenship and Immigration Services (USCIS) should be promptly integrated into existing processes. Employers can also leverage free training resources provided by USCIS to help ensure compliance.
Conduct Regular Internal Audits
Internal audits serve as invaluable tools in maintaining your organization's I-9 compliance. By conducting audits, you can identify potential issues, such as incomplete forms or outdated records, and immediately address them.
Using audits to evaluate past errors can be instrumental in refining processes, reinforcing staff training, and implementing corrective actions to avoid repeated mistakes. During an audit, focus on ensuring all completed forms are accurate and up-to-date. USCIS’s I-9 Central and the Handbook for Employers are essential resources for conducting thorough internal audits.
Reverify Employment Authorization Proactively
Businesses are required to reverify certain employees’ work authorizations on or before the expiration dates of the documents provided in Section 1 of Form I-9. However, failure to correctly record, track, and act on these expiration dates remains a common issue, often resulting in missed reverifications and potential penalties.
Establish a reliable tracking system for all applicable expiration dates to avoid compliance risks. Be aware that not all employees require recertification, as rules vary depending on the type of authorization and are often subject to complex regulations. Reverifying under inappropriate circumstances can result in violations for document abuse, which carry severe financial consequences. For this reason, your business may want to designate a compliance specialist who can oversee re-verification processes while ensuring they align with legal requirements.
Correct Errors Using Proper Procedures
Errors in completed I-9 forms are common but must be handled with care. When mistakes are identified—whether during internal or external audits—they should be corrected immediately and follow strict guidelines to maintain compliance integrity.
Correction guidelines include:
- Drawing a single line through incorrect information (do not erase or use white-out).
- Initialing and dating any corrections using the current date.
- Attaching an explanatory memorandum outlining the error and the steps taken to resolve it.
For areas with multiple errors, complete a new Form I-9 for that section and include it with the original form.
Verifying Employee Eligibility to Work in the U.S. with E-Verify
E-Verify is a powerful tool that helps confirm an employee’s eligibility to work in the United States. This web-based system, managed by the DHS in collaboration with the Social Security Administration (SSA), streamlines the verification process by electronically cross-checking the information provided on Form I-9. Integrating E-Verify into hiring practices can enhance compliance and reduce the risk of hiring unauthorized workers.
States with Mandatory E-Verify Requirements
Several states have enacted laws requiring employers to use E-Verify, either universally or for specific sectors. States currently mandating its use for public and/or private employers include Alabama, Arizona, Florida, Georgia, Mississippi, North Carolina, South Carolina, Tennessee, Utah, and Virginia. Additionally, federal law mandates E-Verify for all federal contractors, and certain states extend this requirement to government contractors or specific industries.
Implementing E-Verify underscores your organization’s commitment to lawful hiring practices and helps safeguard against audits and potential penalties. By incorporating this system into your compliance strategy, you ensure a secure workforce while confidently meeting federal and state regulations.
Enhancing I-9 Compliance with HRIS Software
Implementing a robust Human Resource Information System (HRIS) can significantly simplify the Form I-9 compliance processes. Modern HRIS platforms are equipped to capture Form I-9 information seamlessly during onboarding, ensuring that all required documentation is completed timely and accurately. Additionally, many HRIS platforms integrate with E-Verify, streamlining the process of checking worker eligibility
HRIS software also provides centralized storage for Form I-9, and E-Verify documentation to aid in maintaining secure and organized records for all employees. These systems often include at-a-glance dashboards that allow HR professionals to easily monitor Form I-9 statuses, identify potential discrepancies, and track upcoming expiration dates for work authorization documents. By proactively flagging compliance issues, HRIS tools help maintain adherence to regulatory standards without unnecessary administrative burdens.
Stay Updated with Form I-9 Changes and Updates
Form I-9 rules and procedures are subject to regular updates by DHS. Your business should develop a system to track and adopt procedural updates as soon as they become available. Assigning this responsibility to a designated person or team can ensure accuracy and prompt action.
If your organization faces challenges navigating Form I-9 compliance, now is the time to act. Review your Form I-9 practices today and ensure your team is equipped to adapt to increased scrutiny. These proactive steps will protect your business and position it for long-term success.
Streamline I-9 compliance with HRIS software—accurate, risk-free, and regulation-ready. Contact us now to see how CBIZ can help.