Protect Your Business—Stay Ahead of I-9 Compliance Risks

With renewed immigration enforcement under Trump-era executive orders and a national push for stricter employer accountability, Form I-9 compliance has become a top priority for businesses across the country. Employers are seeing a sharp rise in audits, inspections, and penalties, and the risks of non-compliance are more serious than ever.

This isn’t just a paperwork issue—it’s a potential legal and financial liability.

What’s at Stake?

Fines for I-9 violations can now reach up to $2,507 per form, and employers may face criminal charges for knowingly hiring unauthorized workers. In today’s environment, it’s essential to ensure that your I-9 processes are:

• Compliant
• Consistent
• Audit-ready

At Employers Guardian, we’re committed to helping you stay protected and prepared. Here’s what every employer should know—and do—to protect their business.

Best practices to protect your business

What You Need to Do:

Timely Completion

• Section 1 must be completed by the employee’s first day
• Section 2 must be completed by the employer within 3 business days
• For short-term hires (3 days or fewer), the entire form must be done on Day 1

Proper Documentation Handling

• Physically inspect original documents unless enrolled in E-Verify with DHS-approved remote verification
• Do not over-request or dictate which documents are provided
• If you retain copies, apply the policy consistently to all new hires

Reverification & Rehires

• Reverify documents before they expire (except U.S. passports, green cards, and identity docs from List B)
• Reuse a Form I-9 or complete a new one for rehires within 3 years

Maintain Accurate Records
(EG handles this in EGForce for you)

• Keep I-9 records for all active employees
• For terminated employees, keep I-9s for 3 years from hire date or 1 year post-termination—whichever is longer
• Store I-9s separately from personnel files

Conduct Self-Audits

• While Employers Guardian does not currently offer audits, we can train your team to conduct periodic self-reviews. Audits help catch and correct errors before a government inspection and must be done following USCIS documentation guidelines.

Considering E-Verify? Know What It Entails

If your organization is using or considering E-Verify, please be aware of the following:

• E-Verify provides an additional layer of employment verification
• It is mandatory for certain federal contractors and may be required by state law
• You must address tentative nonconfirmations (TNCs) in a timely and compliant manner

Remote Verification Option

The Department of Homeland Security (DHS) has stayed the temporary authorization provided during COVID-19 for remote document verifications.

However, this is only for employers enrolled in E-Verify.

• View DHS Guidelines for Remote Verification
• Learn More or Enroll in E-Verify

Note: While Employers Guardian does not manage E-Verify enrollments, we can educate your team on its requirements and help you understand if it’s right for your organization.

The Bottom Line

Increased enforcement, higher penalties, and shifting rules make Form I-9 compliance more than just a back-office task—it’s a strategic business imperative.

Let Employers Guardian help you build confidence in your I-9 process. We offer training, tools, and guidance to ensure you stay compliant, avoid fines, and remain ready for whatever comes next.  Contact us at HROD@EmployersGuardian.com to get started.