I-9 compliance may not always be top of mind, but it’s a critical part of hiring and onboarding. Every employee you hire must have a completed Form I-9 on file to verify their authorization to work in the U.S. Federal law requires that this form be completed within three days of their start date.

But what happens if the government comes knocking? If Immigration and Customs Enforcement (ICE) decides to audit your records, they’ll send a Notice of Inspection (NOI), usually giving you just three days to pull together and present your I-9s. Errors or missing documents can lead to steep penalties, so staying prepared is key.

If you receive an NOI, you will need to follow the next steps:

📌 Notify employees within 72 hours in their preferred language.
📌 If ICE flags an issue with an employee’s work authorization, provide them with a copy of the findings within 72 hours.
📌 Deliver notices to employees in person at work, or if that’s not possible, send them via mail or email.
📌 Unionized workplaces must also provide these notices to employee representatives within the same timeframe.

With I-9 audits increasing, now is the time to review your compliance process and ensure everything is in order before an inspection happens. A self-audit can help catch and correct errors early.

Here are some key steps:

• Review Active Employee I-9 Forms – Ensure all forms are complete, properly signed, and dated. Double-check for missing or incorrect information.
• Verify Document Validity – Confirm all required documents are valid and unexpired according to I-9 requirements.
• Correct Errors Properly – Follow USCIS guidelines when making corrections. Avoid white-out; instead, cross out errors, add the correct information, and initial/date the change.
• Purge Old Forms – Retain I-9s only for current employees and those separated within the required retention period (one year after termination or three years after hire, whichever is later).
• Train Your HR Team – Make sure HR staff understand I-9 requirements and the proper process for completion and retention.
• Use the Latest I-9 Version – Always use the most recent Form I-9 issued by USCIS to stay compliant.
• Conduct Regular Audits – Schedule internal reviews to catch compliance gaps before an official audit happens.

I-9 compliance isn’t just about avoiding fines—it helps protect your business from legal risks, ensures a smooth hiring process, and fosters a compliant workplace. Taking a proactive approach now can save a lot of stress down the road.

If you’re unsure where your business stands with I-9 compliance, now is the time to review your process, train your team, and tighten up any gaps. A little preparation goes a long way!