Heightened Form I-9 Compliance Under the New Administration
Insights
Christopher J. Kelly ·
Barbara DeMatteo · January 29, 2025
With the new administration prioritizing audits and enforcement, employers must prepare for heightened scrutiny of Form I-9 compliance. Form I-9 is a critical document used to verify the identity and employment authorization of individuals hired in the United States. Employers are required to adhere to strict federal regulations regarding its completion, storage, and retention. Non-compliance can result in severe penalties, reputational damage, and increased scrutiny, making proactive compliance more important than ever.
To help businesses navigate these complexities, our Human Capital Business Advisors, in partnership with experienced attorneys, offer expert guidance. Together, we conduct audits, identify compliance gaps, and implement tailored strategies to protect organizations from costly penalties and operational disruptions.
The Risks of Non-Compliance
Compliance with Form I-9 requirements is essential to mitigating legal and operational risks. Employers who fail to comply may face significant consequences, including civil penalties for incomplete forms, unlawful discrimination, or knowingly employing unauthorized workers. In more severe cases, repeated violations or document fraud may lead to criminal charges. Beyond financial penalties, non-compliance can damage a company’s reputation and trigger additional audits and investigations, further disrupting operations.
Completing Form I-9
Employers must ensure that Form I-9 is completed accurately and on time. Section 1 of the form must be completed by employees on or before their first day of employment, while Section 2 must be completed by employers within three business days of the employee’s start date. Employees are required to present unexpired, original documents for verification, and employers must use the most current version of Form I-9 to remain compliant. Additionally, I-9 forms must be retained for the later of three years from the employee’s hire date or one year after their termination. Employers may choose to store these forms electronically, on paper, or through a combination of both, provided that storage methods meet federal standards for security, integrity, and accessibility.
Navigating Remote Work Challenges
Remote workforces present unique challenges to I-9 compliance. Employers enrolled in E-Verify have the option to simplify document verification by using live video interactions. This process enables remote verification while maintaining compliance with federal standards. However, employers not enrolled in E-Verify must ensure that original documents are physically inspected by a trusted representative. Selecting and training these representatives is crucial, as employers remain responsible for any errors made during the verification process.
Proactive Steps to Ensure Compliance
To address compliance risks, employers should take proactive steps to strengthen their I-9 processes. Regular internal audits are essential for ensuring the accuracy and completeness of I-9 forms. Training hiring managers and supervisors on appropriate procedures is equally important, particularly to avoid discriminatory practices and ensure proper handling of documentation. Employers should also establish systems to track employment authorization expiration dates and request updated documents as necessary. Clear and consistent protocols for handling Social Security Administration (SSA) mismatches must also be implemented to further reduce risks.
Partnering with Experts to Protect Your Organization
Our Human Capital Business Advisors, working alongside experienced attorneys, are here to provide the guidance and support you need. Through comprehensive audits, actionable recommendations, and ongoing assistance, we ensure that your I-9 practices meet all federal requirements. Let us help you stay ahead and protect your business in this evolving compliance landscape. For assistance with your Form I-9 compliance needs, contact Rimon Partner Christopher J. Kelly or Human Capital Business Advisor Barbara DeMatteo.
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This summary is provided for informational purposes only and is not intended to constitute legal advice nor does it create an attorney-client relationship with Rimon, P.C. or its affiliates.