Why this matters.
The Immigration Reform and Control Act of 1986 (IRCA) requires all US employers to verify the identity and employment authorisation of every person hired after November 6, 1986, using Form I-9. US Immigration and Customs Enforcement (ICE) conducts I-9 audits — known as Form I-9 inspections — and can issue civil monetary penalties for paperwork violations ranging from $272 to $2,701 per violation, and from $676 to $27,018 per violation for knowingly hiring or employing unauthorised workers. In FY2024, ICE conducted thousands of I-9 audits and employers face increasing scrutiny.
Common I-9 errors include not completing Section 2 within 3 business days of a new hire’s first day, accepting expired documents, failing to reverify employees with temporary work authorisation, using the wrong version of the form, and not retaining forms for the required period. Remote verification rules changed significantly in 2023 with the introduction of an alternative procedure for E-Verify employers, making it important to ensure your process reflects current requirements.