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I-9 readiness: A strategic focus for U.S. employers in 2025.
August 1, 2025
By: Lisa Horan, Writer and Content Strategist, CIBT, with contributions from Noah Klug, Esq., Managing Partner, Klug Law Firm
For companies operating in today’s fast-moving, highly regulated labor market, compliance isn’t just about checking boxes—it’s about protecting your business, your brand, and your ability to hire the talent you need to grow. I-9 compliance remains a cornerstone of that effort and is once again in the spotlight. Civil and criminal penalties for violations can be significant, and enforcement activity is expected to increase in 2025. With new directives focused on immigration enforcement already underway, employers should be prepared for heightened scrutiny and more frequent audits.
Used to verify an employee’s identity and authorization to work in the US, completing Form I-9 for every new hire has long been a legal requirement. But in practice, it serves a larger purpose: a litmus test of compliance culture and operational readiness. A well-managed I-9 process can signal strength and foresight. A flawed one can expose your company to risk, fines, and reputational damage.
This article explores why I-9 compliance matters more than ever in 2025—and what your HR team can do to get ahead of it.
Why I-9 compliance is in the spotlight again.
Since 2020, the I-9 process has undergone significant changes, from temporary remote inspection flexibilities to the introduction of new forms and procedures. In 2024, the U.S. Department of Homeland Security (DHS) implemented a new version of Form I-9, along with an optional alternative procedure for remote document examination, but only for eligible employers enrolled in E-Verify.
Now, with hybrid work entrenched and enforcement efforts ramping up, HR teams face a growing challenge: navigating compliance under shifting policies, changing formats, and varied hiring models.
Government audits are back in full swing, and sectors with decentralized workforces or fast-paced hiring cycles—like tech, logistics, and hospitality—are especially vulnerable.
The I-9 may seem straightforward, but it’s one of the most commonly audited—and commonly mishandled—compliance obligations U.S. employers face. Even small mistakes can have significant consequences.
5 pitfalls that put companies at risk.
Based on our work with multinational clients across industries, here are five of the most common I-9 missteps we’ve encountered, and why they matter:
- Using the Wrong Form: Employers must always use the most current version of Form I-9. Using outdated forms—even unintentionally—can result in penalties.
- Inaccurate or Incomplete Section 1 or 2 Entries: USCIS reports1 that the most common Section 1 errors by the employee include not completing all required fields; failing to sign and date the attestation; failure to tick one of the options of citizen/lawful permanent resident/alien authorized to work; and not completing Section 1 by the first day of employment as required by law. USCIS reports that the most common Section 2 errors by the employer include not entering an acceptable List A document or acceptable List B and C documents on the form; not entering all the required details for each document; not completing other required fields; failing to sign and date the attestation; and not completing Section 2 by the third business day after the employee’s first date of employment.
- Remote Hire Inconsistencies: If your team is using alternative procedures for remote inspection, you must meet eligibility requirements, document your process, and consistently apply it across the organization.
- Missed Reverification Deadlines: When work authorization has a time limit, reverification is required, but it must be done at the right time and in the right way. Failure to do so can lead to unlawful employment penalties.
- Improper Storage and Retention: I-9s must be stored securely (electronically or on paper), retained for the appropriate period, and made available for inspection within three business days of a request.
Form I-9 is used to verify an employee’s identity and authorization to work in the US.
A proactive approach to build a defensible I-9 program.
Smart companies don’t wait for an audit. They prepare for one. A defensible I-9 program includes:
- A centralized compliance owner or team
- Consistent onboarding workflows across locations
- Routine internal audits or self-assessments
- Documented procedures for remote hires and reverification
- Digital I-9 platforms that track expiration dates store records securely, and send automated emails to employees with expiring I-9s at least 90 days in advance of expiry to complete the reverification process
Training is also critical. Everyone involved in onboarding—HR professionals, hiring managers, recruiters—should receive regular training on I-9 completion, acceptable documentation, and anti-discrimination rules.
Planning for a distributed workforce.
As hybrid and remote work become the norm, verifying employee documents in person isn’t always feasible. In response, the U.S. Department of Homeland Security (DHS) introduced an alternative remote examination option in August 2023, but it’s only available to qualified E-Verify participants.
If your company is eligible, the remote process allows employers to examine documents via live video and annotate the I-9 accordingly. However, you must implement strict process controls and be prepared to demonstrate compliance during an audit.
For companies not enrolled in E-Verify, remote inspection is no longer allowed. You must arrange for in-person document verification—either directly or through an authorized representative.
Inconsistent handling of remote hires is a common weak spot. Many companies lack clear procedures for who verifies documents, how records are maintained, and what controls are in place to ensure consistency and compliance.
Conducting a self-audit: What to look for.
Before facing an audit by DHS or Immigration and Customs Enforcement (ICE), it’s worth conducting a structured internal review. A well-executed self-audit can identify risk areas and help you fix errors before they become liabilities.
Key areas to assess:
- Are all forms completed and stored properly?
- Are you using the correct form version for each hire date?
- Have expired work authorizations been reverified?
- Do you have an automated system in place for reaching out to employees with expiring I-9s at least 90 days in advance of expiry to complete the reverification process?
- Can you produce I-9s within three business days?
📥 Download the I-9 Self-Audit Checklist
Looking to take the next step? Our I-9 Self-Audit Checklist can help you quickly assess your current state and uncover opportunities to strengthen your program.
Compliance as a business advantage.
When approached strategically, I-9 compliance isn’t just about avoiding fines, it’s about operational excellence. It signals that your company takes its responsibilities seriously, values workforce integrity, and is ready to grow.
I-9 compliance is part of a broader picture—one that reflects how well a company manages its people operations. The more mature and structured the process, the more scalable and resilient the business becomes.
“I-9 compliance is always important, but especially with our current restrictionist and enforcement-focused administration. Don’t wait until ICE arrives at your door to make sure your I-9s are in tiptop shape. This blog has excellent tips, and we hope that you take them on. In addition, we are more than happy to guide you further and help you to create a solid I-9 program for your company that can stand up to any and all government scrutiny.” — Noah E. Klug, Esq. Managing Shareholder, Klug Law Firm
Expert guidance for seamless I-9 compliance.
Whether you’re onboarding a single new hire or preparing for an organizational audit, Newland Chase offers end-to-end I-9 support—from process reviews and training to remote compliance solutions and audit preparation.
We work with HR and legal teams to align documentation with DHS expectations, train staff on current rules, and implement best practices across the employee lifecycle.
Our goal is simple: to make compliance clear, manageable, and integrated into your broader talent strategy.
In a world where compliance rules shift quickly, one thing remains constant: the companies that plan ahead will always be better positioned to hire, grow, and lead. With Newland Chase, your I-9 process becomes a source of certainty, not stress—so your teams can focus on hiring the talent that drives your business forward.
