With immigration enforcement expected to intensify under the current administration, U.S. businesses face heightened scrutiny of their hiring and employment practices. One area of particular focus is Form I-9 compliance. The consequences of non-compliance can be steep, including hefty fines and potential workforce disruptions. Here’s how businesses can act now to prepare and protect their operations.
Why I-9 Compliance Matters
Form I-9 is used to verify the identity and work authorization of every employee in the U.S. While it may seem like a routine administrative task, errors or omissions on these forms can result in severe penalties:
- Paperwork violations: Fines of up to $2,789 per violation.
- Knowingly employing unauthorized workers: Fines exceeding $27,000 per violation, with additional criminal penalties.
Given the risks, companies must treat I-9 compliance as a top priority.
Common I-9 Mistakes to Avoid
Many I-9 violations stem from seemingly minor errors or oversights. Some of the most frequent mistakes include:
- Failing to complete the form within the required timeframe.
- Leaving fields incomplete or blank.
- Accepting documents that are unsatisfactory or fraudulent.
- Making corrections without properly dating and initialing them.
- Failing to track document expiration dates for re-verification.
An internal review can help identify and rectify these errors before they escalate into costly fines.
Prepare for Increased Enforcement
The current administration is expected to prioritize immigration enforcement, including:
- Worksite raids: ICE may conduct unannounced inspections or raids, detaining unauthorized workers and imposing penalties on employers.
- Audits and investigations: Increased I-9 audits could expose businesses to fines for even unintentional errors.
- Policy changes: Potential revocation of work authorization for foreign-born employees could disrupt operations.
Employers should be proactive in protecting their workforce and minimizing risks.
Steps to Strengthen I-9 Compliance
- Conduct Internal Audits
Review your existing I-9 records to ensure they are complete and error-free. Identify and correct discrepancies, following proper procedures for updating forms. - Hire Independent Auditors
Consider engaging a third-party auditor with expertise in I-9 compliance. They can uncover hidden issues and provide actionable recommendations for improvement. - Train HR Teams
Educate HR personnel on the correct completion, storage, and re-verification of I-9 forms. Ensure they are prepared to handle ICE inspections and other enforcement actions. - Implement Electronic I-9 Systems
Leverage technology to streamline recordkeeping, track expiration dates, and reduce manual errors. - Protect Foreign-Born Employees
Evaluate options for sponsoring work visas, such as H-1B or other employment-based visas, to secure the status of critical foreign-born employees.
Balancing Compliance and Non-Discrimination
While it’s essential to ensure all employees are authorized to work, businesses must avoid discriminatory practices. Unlawful discrimination based on immigration status or nationality can result in legal claims and reputational damage. Strive for a fair and consistent approach to I-9 verification.
Act Now to Stay Ahead
In this shifting regulatory environment, proactive I-9 compliance is no longer optional—it’s a necessity. By auditing records, training teams, and implementing strong systems, businesses can minimize risks and safeguard their workforce.
At NPZ Law Group, we specialize in helping employers navigate the complexities of I-9 compliance and immigration enforcement. Contact us today for expert guidance on protecting your business and workforce in this new era of heightened scrutiny.
Contact Us
For specialty guidance on U.S. and Canadian immigration matters, visit www.visaserve.com or call 201-670-0006. The NPZ Law Group stands ready, willing, and able to assist you with your U.S. and Canadian immigration law needs.