In 2025, employers must stay vigilant about properly handling Form I-9—which verifies the identity and employment eligibility of workers in the U.S.—to avoid legal pitfalls and penalties.
1. Timing and Process Are Critical
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Employers have three business days from an employee’s start date to complete Section 2 of the I-9 form, verifying documents.
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Remote or electronic document review (such as during COVID-era flexibility) is no longer an option; physical inspection is required unless special temporary rules apply.
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For rehired employees, employers must determine whether a new I-9 is needed or whether existing forms can be updated (within legal timelines).
2. Acceptable Documents and Lists
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Only documents listed on the official List A, B, or C may be accepted for I-9 verification.
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Employers cannot demand specific documents or reject valid ones purely based on employer preference.
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Employers must ensure documents appear genuine and reasonably correlate with the employee’s identity.
3. Correcting Mistakes the Right Way
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Employers should never erase or white out errors. Instead:
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Draw a single line through the incorrect entry
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Enter the correct information
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Add initials and date
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Add a brief explanation if needed
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If a form is uncorrectable, a new I-9 may have to be completed (but original retention rules still apply).
4. Retention and Storage Rules
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Employers must retain I-9 forms for three years after the date of hire or one year after employment ends—whichever is later.
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Electronic storage is allowed, if security, integrity, and auditability are maintained.
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Physical forms should be stored separately from personnel files to reduce accidental destruction or misuse.
5. Audits, Inspections & Penalties
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U.S. Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services (USCIS) may inspect I-9s as part of audits.
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Penalties for noncompliance can include fines, criminal charges, or business prosecution.
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Common audit findings include missing forms, incomplete sections, expired documents, and failure to properly correct mistakes.
6. Best Practices for Compliance
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Conduct regular internal audits of I-9 forms to catch errors or missing information proactively.
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Train HR staff and managers on the current I-9 rules and acceptable documents.
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Use checklists or software to ensure consistency and accuracy.
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When in doubt, consult legal counsel—especially since immigration law and policies can change.
7. Recent or Upcoming Rule Changes
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Employers should watch for any changes from USCIS or DHS regarding remote inspections, acceptable documents, or electronic tools.
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SHRM recommends staying up to date with official guidance, as noncompliance—even unintentional—can be risky.
