New and Potential Changes Impacting I-9 Compliance: What Employers Need to Know

As we move forward from the COVID-19 pandemic, the USCIS approach to immigration compliance is rapidly evolving, and employers must stay up to date to avoid costly government inspections. One area of concern is the Form I-9, which verifies employment eligibility and is subject to new and potential changes.

Here are the top three things you need to know about I-9 compliance:

Firstly, the Department of Homeland Security has proposed a rule that would allow alternative options for remote employee verification, including email, fax, video, chat applications, and other electronic means. While the current COVID-19 flexibilities allow remote verification until July 2023, this proposal could create a permanent protocol for remote document review. Employers will need to adjust their procedures, such as updating forms and expanding training, to ensure compliance.

Secondly, a new, revised version of the Form I-9 is expected this year, with proposed changes including a single-page format, streamlined instructions, and technical updates. Employers must be prepared to implement these changes.

Finally, increased fines and penalties for I-9 errors are already in practice, and the cost of non-compliance can be enormous. Estimates suggest that 50% to 75% of employers have I-9 errors, which can result in substantial fines and time-consuming NIF processes. Employers must perform self-audits and work with knowledgeable attorneys to ensure compliance and avoid hefty fines.

In conclusion, employers must stay up to date with new and potential changes to I-9 compliance to avoid costly fines and government inspections. Compliance can be confusing, but self-audits and expert guidance can help employers navigate this complex area successfully.

If you or your family members have any questions about how immigration and nationality laws in the United States may affect you, or if you want to access additional information about immigration and nationality laws in the United States or Canada, please don’t hesitate to contact the immigration and nationality lawyers at NPZ Law Group. You can reach us by sending an email to or by calling us at 201-670-0006 extension 104. We also invite you to visit our website at for more information.