outsolve insights

Human Resources professionals juggle a long list of responsibilities from recruiting and onboarding to benefits management and legal compliance, the list goes on. One critical, and often overlooked, piece that relates to compliance is Form I-9 reverification. Though only a few reverifications might be required per year, failing to properly complete reverification can lead to fines, and even legal trouble.  

If you’re in Human Resources (HR), then you know that onboarding a new hire isn’t just about extending an offer, sending out welcome emails and scheduling IT setups, it’s also about compliance. When it comes to federal hiring regulations, Form I-9 verification sits high on the priority list. But now, with today’s increasingly hybrid and remote work models, one question comes up now more than ever before:  

This article is part of an ongoing legal series designed to provide insight and practical guidance on current and emerging workplace compliance issues. These insights shared by lawyers are based on their interpretation of existing regulations and proposed changes, and intended for informational purposes, not to be regarded as legal advice.

Identifying and pursuing penalties against violators of immigration law is a top priority for the Trump administration. While most immigration enforcement changes impact non-citizens, businesses that employ noncitizens face increased risks, too. Generally, learning about how immigration status relates to the right to work, ensuring I-9 compliance, and keeping extensive and organized records are some of the most effective steps employers can proactively take to reduce those risks.

This article is the third in an OutSolve research series for HR professionals that provides an analysis of the Trump Administration’s proposed changes to I-9 employment eligibility verification and other issues related to having foreign nationals in your workforce. While recognizing that specific policy details are still emerging, this series draws on historical precedents, administration statements, and expert analysis to offer insights and provide practical guidance to HR leaders. 

OutSolve commissioned independent research on the state of immigration enforcement and the effect it may have on HR professionals. The information in these articles is provided for general education purposes.    

One of your top priorities as an HR professional is maintaining compliance with various state and federal regulations. A key compliance regulation effecting all employers is making sure that any employee hired onto your payroll is legally eligible to work in the United States. This is where Form I-9, the employment eligibility verification form, comes into play.  

OutSolve commissioned independent research on the state of immigration enforcement and the effect it may have on HR professionals. The information in these articles is provided for general education purposes.   

Imagine an ICE agent walks into your workplace and hands you a Notice of Inspection (NOI) for a Form I-9 audit. What do you do? 

Let’s be honest, I-9 retention is one of HR’s “do-it-right-or-pay-later” responsibilities. If you've ever asked yourself “How long do I really need to keep this Form I-9?”  you're not alone.  

The anxiety of an I-9 audit by Immigration and Customs Enforcement (ICE) can cause business owners and HR professionals sleepless nights, especially as the current administration intensifies its focus on immigration reform. These audits ensure that employers are complying with the Immigration Reform and Control Act (IRCA) by verifying the identity and employment eligibility of their employees. It involves checking the Employment Eligibility Verification forms (Form I-9) to confirm that all employees are legally authorized to work in the United States and that a Form I-9 is on file for all employees hired after Nov. 6, 1986.