Why Auditing Your I-9 Forms is Essential

Maintaining compliance with employment eligibility verification laws is crucial. Form I-9 is a mandatory document that all employers must complete to verify the identity and work authorization of their employees. However, many small businesses unknowingly make mistakes in completing, storing, and updating these forms—putting them at risk for costly fines and legal issues.

Why Conduct an I-9 Audit?

Regularly auditing your I-9 forms helps:

• Avoid Costly Fines – The Department of Homeland Security (DHS) and Immigration and Customs Enforcement (ICE) conduct audits that can result in hefty fines for errors and missing forms.
• Ensure Compliance – Regulations change periodically, and an audit helps you stay up to date with legal requirements.
• Correct Errors Before an Inspection – Many common mistakes (incorrect dates, missing signatures, incomplete sections) can be fixed before they become violations.
• Protect Your Business from Legal Risks – Proper I-9 documentation helps protect against claims of discriminatory hiring practices or unauthorized employment.

Common I-9 Mistakes Employers Make

Many businesses unknowingly violate I-9 compliance due to:

• Missing Forms – Every employee must have a properly completed I-9. Missing forms are a major violation.
• Incomplete or Incorrect Information – Missing signatures, incorrect dates, or incomplete sections can invalidate a form.
• Improper Document Retention – I-9s must be stored separately from personnel files and retained for the correct time period.
• Failure to Reverify Work Authorization – Employers must track and update expiring work authorization documents for applicable employees.
• Using an Outdated Version of Form I-9 – The I-9 form is periodically updated, and using an expired version can lead to compliance issues. Make sure you are using the most recent release.

To stay ahead of potential compliance risks, follow these steps for auditing your I-9 forms:

1. Gather All I-9 Forms – Ensure you have an I-9 on file for every current employee and former employees within the required retention period.
2. Check for Missing or Incomplete Information – Verify that each section is properly completed, signed, and dated.
3. Confirm Proper Documentation – Ensure that employees provided acceptable documents from the official Lists of Acceptable Documents (Passport, Driver’s License, Social Security Card, etc.).
4. Review Reverification Requirements – Identify employees whose work authorization documents have expired and ensure proper follow-up.
5. Correct Errors Properly – Use the correct I-9 correction procedures, such as drawing a single line through errors, initialing, and dating corrections. Do not use white-out or erase mistakes.
6. Ensure Proper Storage & Retention – Store I-9s separately from personnel files and maintain them for at least 3 years after hire or 1 year after termination, whichever is later.
7. Implement Ongoing Training & Compliance Checks – Educate HR staff and hiring managers on I-9 best practices and schedule regular audits.