I-9 Audits: If you work in HR, the threat of a Form I-9 audit is a real concern—but it’s also an opportunity to take control. With the current administration intensifying immigration enforcement, now is the time to strengthen your I-9 processes, close compliance gaps, and ensure your documentation is audit-ready.
Dotting all I's and crossing all T’s is essential when it comes to your Form I-9's. Conducting regular proactive internal mock I-9 audits is also a great way to go. Then, you can spot and correct any errors before they turn into violations and penalties.
Preparation is key. Follow OutSolve’s Form I-9 Audit checklist to help ensure your Form I-9's are in order and that you are ready for an audit should you receive a Notice of Inspection.
Internal I-9 Audit Preparation
Internal I-9 audits are a critical part of maintaining compliance and avoiding costly penalties. By conducting regular, well-documented audits, you can ensure every Form I-9 on file meets federal requirements, identify and transparently correct potential issues before they escalate, plus it demonstrates good faith if inspected by ICE. Follow along to ensure you are prepared:
- Schedule to conduct proactive internal I-9 audits annually
- Verify that all current employees hired after 11/6/1986 have a properly completed Form I-9 on file. Employers must maintain a valid Form I-9 for every current employee.
- For terminated employees, you must maintain Form I-9 records until the LATER of either:
- 3 years from the date of hire or
- 1 year after the date of employment termination
- Identify and correct any errors or omissions Form I-9 record retention requirements. Note that employers cannot correct information documented in Section1 such corrections should only be made by the employee.
- Keep detailed documentation of all corrections and audit results
I-9 Verification & Record-Keeping
Proper completion of Form I-9s by their required timeline is essential for Form I-9 compliance. Once your Form I-9's are complete, it is important that you have an organized and easily accessible system for storing the files. They should be stored away from personnel files and retained based on the requirements.
When you only have 3 days to respond to a Notice of Inspection (NOI), proper storage will allow less time tracking documents down and more time to review what will be submitted Follow these steps to make things easier :
- Confirm proper completion of Section 1 by the employee on or before their first day of employment
- Ensure employer completion of Section 2 within three business days of the employee’s start date
- Complete Supplement B (formerly section 3) for employees with expiring work authorization prior to expiration date
- Verify employee identification documents for authenticity and validity
- If using electronic storage, confirm compliance with DHS retention standards, including:
- Audit trails
- Secure access controls
- Prevention of unauthorized modifications
- If using remote verification, ensure compliance with E-Verify guidelines
Employee & HR Training
Getting your employees and HR team up to speed on Form I-9 compliance is essential. Continuous training and review can make or break whether your team misses any potential errors on your employees Form I-9's. We recommend you do the following:
- Provide regular I-9 training for HR teams and hiring managers
- Regularly educate personnel on proper document verification procedures
- Train staff on how to respond to a Notice of Inspection (NOI)
- Stay informed about updates to I-9 requirements and DHS regulations
Responding to an ICE Audit
Three days to respond to a NOI isn’t a lot of time. Proactively preparing for an audit can save you time and headaches if you receive a notice. Make sure you have the following prepared:
- Designate a compliance officer or team to manage I-9 audit response
- Establish a clear action plan for responding to an ICE audit
- Upon receiving a Notice of Inspection (NOI):
- Provide requested documents and information within three business days; extensions have been granted in the past due to extenuating circumstances
- Organize and submit I-9 records as requested
- Categorize records by current and former employees
- Gather and Organize Documents
- Collect all requested I-9 forms and supporting records.
- Ensure documents are legible, complete, and organized by employee name or date of hire.
- Work with legal counsel or compliance experts as needed,
- They can help interpret the scope of the request and ensure a compliant response.
Avoiding Common I-9 Violations
Familiarity with common I-9 violations is key to maintaining compliance. This list outlines critical red flags and offers guidance to help you stay prepared for potential audits.
- Ensure timely completion of I-9 forms for all employees
- Employee must complete Section 1 by first day of employment
- Employer must complete Section 2 within 3 business days of employees first day of employment
- Never backdate Form I-9
- Avoid hiring unauthorized workers by verifying identification documentation correctly
- Ensure proper document handling
- Avoid accepting expired documents
- Avoid over documentation (i.e., accepting too many documents such as a List A and List B document.)
- Avoid accepting unacceptable combinations (e.g., two List B documents)
- Refrain from specifying which documents an employee must present
- Use the current version of Form I-9
- Correct errors following DHS guidelines:
- If using paper, I-9s do not use correction fluid or erase errors
- Make a clear notation with the correct information and include the date of correction and initial the change
- Note: the employer cannot make corrections to Section 1 of Form I-9
- Document the reason for any late filings and correct missing forms immediately
- Maintain ongoing compliance efforts to prevent repeat violations
Long-Term Compliance Strategies
Maintaining compliance isn’t a one-time task; it requires ongoing attention, smart systems, and clear internal policies. These long-term strategies help you stay ahead of regulatory changes, reduce risk, and keep your I-9 records organized, secure, and audit-ready year after year:
- Conduct periodic self-audits to ensure up-to-date records
- Implement digital I-9 storage systems to centralize your Form I-9s and for better security
- Stay updated on DHS and ICE policy changes
- Establish internal policies for document reverification and other compliance tracking
How Our I-9 Audit Checklist Can Help Your Organization
With I-9 violation penalties increasing and enforcement actions rising, now is the time to take a proactive stance on I-9 compliance. OutSolve’s I-9 Audit Checklist will help you build a stronger, audit-ready compliance system. Whether you’re new to I-9s or you’re refining an existing process, this checklist walks you through every critical step with clarity and confidence.
Need more Form I-9 help? Our consultants can provide guidance on any question you may have. Reach out to us today.