With the political winds shifting and the potential return of stricter immigration enforcement under President Donald Trump’s administration, U.S. businesses face heightened scrutiny on their hiring practices. One key area where this is expected to intensify is Form I-9 compliance.
The Vital Role of Form I-9 Compliance in Today’s Immigration Landscape
With the uncertainty that the future holds in regard to requirements and regulations around hiring practices, employers must act now to safeguard their operations against potential audits, penalties, and workforce disruptions.
Here is everything you need to know about Form I-9 compliance, why it's important, and strategies for employers to proactively maintain compliance.
Why Form I-9 Compliance is Crucial
Form I-9 is a cornerstone of U.S. employment eligibility verification. It requires both employees and employers to certify their identity and work authorization status. While seemingly straightforward, this form comes with a maze of rules and potential pitfalls. Mistakes can lead to penalties ranging from $281 to nearly $28,000 per violation, depending on the severity and frequency of infractions.
In Trump’s first term, Immigration and Customs Enforcement (ICE) ramped up I-9 audits, surpassing 6,400 in fiscal year 2019 alone. This trend could escalate even further, potentially disrupting businesses nationwide.
Immigration Policy Changes and the Implications for Employers
The return of stricter immigration policies could have profound impacts on U.S. businesses. Programs such as Deferred Action for Childhood Arrivals (DACA) and Temporary Protected Status (TPS) may face elimination, potentially affecting millions of workers and their employers. Companies employing foreign nationals should prepare for increased challenges in maintaining work authorization.
H-1B visa holders and their employers are also likely to encounter intensified scrutiny. Trump’s past policies included higher denial rates for extensions and additional requests for evidence. While recent modernizations aim to streamline processes, businesses should brace for potential reversals.
Form I-9 Compliance Strategies
There are four key strategies employers can use to proactively maintain their compliance with Form I-9 requirements.
- Conduct Internal Audits
- Invest in Training
- Consider E-Verify
- Prepare for Audits
- Staying Ahead of Updates
Aside from that, employers should ensure that they understand the steps for completing Form I-9 during new hire reporting.
Conduct Internal Audits
Employers should proactively review I-9 records to identify and rectify discrepancies and ensure all forms are fully completed, signed, and supported by proper documentation.
Even if you are found out of compliance, good-faith compliance efforts can mitigate penalties in the event of an audit.
Invest in Training
Employers should consider equipping HR staff and hiring managers with up-to-date knowledge of I-9 requirements. Regular training helps prevent common errors such as missed deadlines or improper document verification.
Consider E-Verify
E-Verify is an Internet-based system that confirms employment eligibility by comparing information entered on an employee’s Form I-9, to records available to the U.S. Department of Homeland Security and the Social Security Administration.
This electronic verification system streamlines I-9 processes and reduces the risk of accepting incomplete or fraudulent information.
Prepare for Audits
It's important to keep a clear communication plan ready in case of Immigration and Customs Enforcement (ICE) investigations or site visits.
Consider designating key personnel to handle audit requests and consult legal counsel to navigate complexities.
Staying Ahead of Updates
Businesses relying on foreign national workers must remain vigilant. Regularly monitoring policy changes and implementing robust compliance programs can help mitigate risks.
Employers should also explore alternative employment authorization options to safeguard their workforce against abrupt policy shifts.
Get Help with Form I-9 Compliance
In an era of fluctuating immigration policies, Form I-9 compliance is not just a regulatory obligation—it’s a strategic priority. By adopting proactive measures, businesses can protect themselves from legal and financial risks while ensuring a stable and compliant workforce.
To learn more about how HRCG is already helping countless businesses with Form I-9 and other compliance and HR-related challenges, contact us today.
