I-9 Employment Eligibility Verification: Updates and Best Practices
/in Human Resources /by Kelcey CastroEmployment eligibility verification through Form I-9 remains one of the most important, and often challenging, compliance requirements for employers. Recent updates to the I-9 process have introduced significant changes that all employers should understand.
Understanding the Basics of I-9 Compliance

The Form I-9 is a federal requirement designed to verify the identity and employment authorization of individuals hired for employment in the United States. Every employer must complete and retain a Form I-9 for each person they hire, regardless of citizenship or national origin. This requirement applies to both citizens and non-citizens.
The verification process serves as the foundation of the government’s efforts to ensure that companies hire only individuals who are legally permitted to work in the United States. Proper completion and maintenance of I-9 forms is not just a recommended practice; it’s a legal obligation with potentially serious consequences for non-compliance.
Recent Updates to the Employment Eligibility Verification Process
The Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) periodically update the Form I-9 and related procedures. Recent significant changes include:
- The introduction of a new, streamlined Form I-9 that reduced the previous form, making the process more efficient for employers and employees alike. This redesign aims to reduce paper usage and simplify the verification process while maintaining compliance integrity.
- Enhanced flexibility with remote verification options, allowing certain employers to examine documents virtually rather than requiring in-person inspection. This modernization reflects the evolving nature of work arrangements, particularly in response to the growth of remote work.
- Updated acceptable documents list, with clearer categorization of what documents can establish identity, employment authorization, or both. Staying current with these acceptable documents is crucial for proper verification.
- A new extension process for certain employees with temporary work authorization, providing more clarity on reverification requirements and timelines.
Common Errors and How to Avoid Them
Through numerous I-9 audits, immigration authorities have identified several common errors that employers should be vigilant about:
- Missing or incomplete information in Section 1, which must be completed by the employee on or before their first day of employment. Ensure that all fields are properly filled out, including signature and date.
- Incorrect verification timing in Section 2, which must be completed by the employer within three business days of the employee’s first day of employment. Dating issues in this section are among the most frequent violations.
- Improper document verification, such as accepting expired documents, failing to record document numbers, or requesting specific documents from employees rather than allowing them to choose from the lists of acceptable documents.
- Failing to properly complete reverification in Section 3 when an employee’s work authorization expires. Establish a reliable tracking system for temporary work authorizations to ensure timely reverification.
- Inconsistent practices across different locations or hiring managers. Standardized procedures and regular training can help prevent these inconsistencies.
Navigating I-9 Audits Successfully (Balancing Compliance and Non-Discrimination)
Immigration and Customs Enforcement (ICE) has significantly increased I-9 audits in recent years, making audit preparation more important than ever. Here’s how to prepare:

- Conduct regular internal audits to identify and correct errors before government inspection. These self-audits should be thorough but must follow proper correction procedures to avoid creating new problems.
- Develop a comprehensive I-9 compliance policy that includes procedures for completion, storage, retention, and eventual destruction of forms. This policy should clearly outline responsibilities and timeframes.
- Train all personnel involved in the I-9 process regularly, ensuring they understand both the technical requirements and the importance of non-discrimination practices during verification.
- Implement a reliable recordkeeping system that allows for easy retrieval of I-9 forms while maintaining appropriate security and privacy protections. Consider using electronic I-9 systems that have built-in error checking and compliance features.
- If you receive a Notice of Inspection, respond promptly and seek legal counsel familiar with immigration compliance before providing documents to authorities.
- Applying I-9 requirements uniformly to all employees, regardless of citizenship status, national origin, or appearance.
- Allowing employees to choose which documents from the Lists of Acceptable Documents they wish to present, rather than specifying or suggesting particular documents.
- Refraining from requesting more or different documents than required by law, particularly from non-citizens.
- Avoiding selective verification or reverification based on perceived citizenship or immigration status.

How CHR Can Help
As an ASO/PEO partner, we offer specialized expertise in I-9 compliance, including:
- Access to trained HR professionals who stay current on evolving I-9 requirements and best practices.
- Assistance with implementing compliant verification procedures tailored to your organization’s specific needs.
- Support during internal audits to identify and properly correct any existing errors in your I-9 documentation.
- Regular updates on regulatory changes and enforcement trends that might affect your compliance obligations.
- Resources for training your staff in proper verification procedures and non-discrimination requirements.
I-9 compliance represents a critical intersection of immigration law and employment practices. With increased enforcement activity and substantial penalties for violations, proper verification procedures are more important than ever. By understanding recent updates and implementing consistent, compliant practices, your organization can minimize risk while fulfilling your legal obligations.
Remember that proper I-9 compliance involves more than just paperwork—it’s about balancing verification requirements with fair employment practices and non-discrimination principles.
Our team is here to help you navigate these complex requirements successfully. Reach out to us at 1-(877)-801-8400 or email your CHR representative if you would like to know more information on this topic. Your business deserves the protection that comes with confidence in your practices.
This article is provided for informational purposes only and does not constitute legal advice. For specific guidance related to your business situation, please consult with qualified legal counsel.