Question 1

What are the current ICE enforcement trends and how should employers prepare for an I-9 audit?

Accepted Answer

Immigration and Customs Enforcement (ICE) has significantly increased I-9 audit activity in 2025, particularly following the passage of the One Big Beautiful Bill Act, which expanded immigration enforcement resources and authorities. ICE enforcement includes Notice of Inspection (NOI) audits in which employers receive three days notice to produce I-9 forms and related documents, as well as unannounced worksite inspections or raids. Employers should prepare by ensuring all active employee I-9 forms are complete, signed, and stored in an accessible central location or compliant electronic system. Proactive self-audits before an NOI arrives allow employers to identify and correct technical errors using proper correction procedures without the pressure of an active audit. Common audit findings include missing signatures, improper document section completion, late reverification of expiring work authorization documents, and use of incorrect form versions. Employers should train HR staff on proper I-9 procedures, develop a written I-9 compliance policy, and establish an audit response team including legal counsel familiar with immigration law. During an ICE inspection, employers should request an extension of the three-day production deadline if needed and review all forms for completeness before submission.

Question 2

How does remote document inspection work for E-Verify employers completing Form I-9?

Accepted Answer

Remote document inspection is an alternative document verification procedure available to employers who are enrolled in E-Verify and use DHS-authorized remote examination procedures. Under this accommodation, the employee can present their identity and work authorization documents remotely via a live video interaction rather than presenting them in person to the employer representative completing Section 2 of Form I-9. The employer must conduct a live video examination of the original documents, review them for authenticity, and then have the employee transmit or upload copies of the documents. The employer representative then annotates the I-9 form to indicate that the remote examination was conducted under the authorized alternative procedure. This flexibility was made permanent by DHS following its use during COVID-19, but it is only available to qualifying E-Verify employers using the authorized process. Employers using remote verification must maintain their E-Verify enrollment and follow all DHS guidance on the specific steps required. Physical inspection is still required for employers not enrolled in E-Verify or not using the authorized remote procedure, and failure to follow the correct procedure can result in a technically defective I-9 that creates liability during an ICE audit.

Question 3

What are the most common mistakes in completing Form I-9 Sections 1 and 2?

Accepted Answer

Form I-9 Section 1 must be completed by the employee on or before the first day of employment and requires the employee to provide their full legal name, other names used, address, date of birth, Social Security Number (when applicable), attestation of immigration status, and signature and date. Common Section 1 mistakes include employees leaving fields blank, using nicknames instead of legal names, checking multiple immigration status boxes, failing to sign or date the form, and preparer or translator certifications left incomplete when assistance was provided. Section 2 must be completed by the employer or authorized representative within three business days of the employee starting work and requires examination of original documents from the Lists of Acceptable Documents. Section 2 errors include accepting photocopies instead of originals, accepting expired documents (with limited exceptions), accepting documents from the wrong list (e.g., two List B documents instead of a List A or List B plus List C combination), failing to record document title, issuing authority, document number, and expiration date, and not completing the employer certification signature and date. Both sections must be completed on the current version of Form I-9, and using outdated form versions is itself a compliance violation subject to penalty.

Question 4

What are employer anti-discrimination obligations when completing Form I-9?

Accepted Answer

Employers face anti-discrimination obligations during the Form I-9 process under the Immigration Reform and Control Act (IRCA) and other federal civil rights laws that prohibit both document abuse and citizenship or national origin discrimination. Document abuse occurs when an employer requests more or different documents than Form I-9 requires, refuses to accept documents that appear genuine and relate to the employee, or requires specific types of documents (such as a U.S. passport) rather than allowing the employee to choose from the acceptable document lists. Citizenship or national origin discrimination occurs when an employer treats employees differently based on their national origin, citizenship, or immigration status in hiring, firing, or document verification procedures. For example, asking only employees with foreign-sounding names or accents to provide additional documentation or complete I-9 verification earlier than other employees constitutes impermissible discrimination. The Department of Justice Immigrant and Employee Rights Section (IER) enforces these anti-discrimination provisions and can impose civil penalties. Employers should apply I-9 completion procedures uniformly to all new hires, avoid pre-screening applicants for citizenship status (with narrow exceptions), and train hiring managers and HR staff on anti-discrimination requirements.

Question 5

How should employers conduct a proactive Form I-9 self-audit to reduce compliance risk?

Accepted Answer

A proactive Form I-9 self-audit allows employers to identify and correct errors before ICE or DHS enforcement activity creates liability. The audit process begins with pulling all I-9 forms for current employees and terminated employees still within the mandatory retention period (three years from hire date or one year from termination date, whichever is later). Each form is reviewed for technical violations such as missing fields, incorrect document recording, unsigned certifications, and use of outdated form versions, and for substantive violations such as missing forms for current employees or documentation of unauthorized workers. Corrections to existing I-9 forms are made by drawing a single line through the error, entering the correct information, and initialing and dating the correction; white-out or erasure is never acceptable. When forms are missing entirely for current employees, a new I-9 should be completed promptly with a note explaining the circumstances. For terminated employees whose forms are missing, no corrective action is possible but the gap should be documented. Employers should document the self-audit process and any corrective actions taken in writing, as this demonstrates good faith effort which can mitigate penalties if an ICE audit occurs after the self-audit is completed.

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