FEWA Legal Assistant Jamie Hargraves sent a Member Alert today about the U.S. Immigration and Customs Enforcement’s (ICE) recent changes to policies related to Form I-9 compliance.
 FEWA Legal Assistant Jamie Hargraves Federal law requires all employers to complete Form I‑9, Employment Eligibility Verification, for each individual hired for employment in the United States, regardless of whether you sponsor a foreign national.
As the new administration has taken swift action to reshape U.S. immigration policies, employers are encouraged to implement strong I-9 compliance programs. Employers may complete and retain Form I‑9 using either paper forms or compliant electronic I-9 systems, provided all regulatory requirements are met.
Administrative errors—such as missing employee dates of birth, immigration or work authorization numbers, hire dates, printed employer or preparer/representative titles, failure to properly record identity information, and use of the Spanish language Form I‑9 outside of Puerto Rico—are examples of errors that were previously treated as technical or procedural violations.
Historically, ICE would identify these deficiencies during an inspection and provide the employer with an opportunity to correct them before pursuing enforcement action and penalties.
However, under current stricter enforcement practices, these same deficiencies are now being classified as substantive violations, resulting in ICE proceeding more rapidly from inspection to enforcement, often without the extended correction period that was previously afforded.
Employers can now see greater amounts of fines faster. Fines can range from $288 to $2,861 per I-9 violation, depending on the percentage of errors found during an audit.
Even the most experienced human resources and compliance teams can make technical or procedural errors that may result in penalties. Proactive internal reviews can help identify and correct technical or procedural issues before they become costly violations. With fewer opportunities to correct errors, consistent and well- documented training is a critical component to ensure companywide compliance.
To support employer compliance efforts, U.S. Citizenship and Immigration Services offers free employer training opportunities that explain and demonstrate proper Form I‑9 completions. This training is provided through live, internet-based webinars, and information presentations.
For additional information and to register for upcoming sessions, visit USCIS’s I‑9 Central website and review the list of available webinars.
ICE has also updated its Form I-9 Inspection Fact Sheet online.
(Form I-9 photo credit: USCIS) |
