Staying sharp on I-9 compliance

Colleen Malmassari
Founder of Back40 Advisors LLC

For business owners and nonprofit leaders, compliance can feel like one more complicated task on an already packed to-do list. But overlooking certain responsibilities—like proper handling of Form I-9, Employment Eligibility Verification—can lead to consequences, including government audits and costly fines. Whether you’re hiring your first employee or growing your team, understanding Form I-9 compliance is essential to protecting your organization and ensuring a smooth hiring process.

Introduction to Form I-9: Purpose and Legal Requirements

The Form I-9 is used to verify the identity and employment authorization of individuals hired to work in the United States. Every employer, regardless of size, is legally required to complete the Form I-9 for each new hire. The process is straightforward in theory: the employee fills out Section 1 on or before their first day of work, and the employer completes Section 2 within three (3) business days of the hire date after reviewing acceptable documentation. However, even with E-Verify, if used, there is room for mistakes to be made. Ensuring your onboarding team has the proper training for completing the Form I-9 correctly is essential. 

Equally important to completing the Form I-9 is retaining it properly. Employers must keep each I-9 form for either three (3) years after the date of hire or one (1) year after the employee separates from employment—whichever is later. If you use digital storage, ensure systems meet federal and state regulatory standards for access, backup, and data integrity. Best practice is to conduct an internal audit annually to help catch and correct issues before they become liabilities. Consider leveraging technology, which can benefit I-9 management by adding automated reminders to help stay ahead of expiring work authorizations with timely notifications. Doing this alongside documenting the audit process and showing steps towards revising incorrect processes or forms shows good faith should you be audited. 

Key Changes in the Updated Form

Recent changes have added new layers of complexity, particularly for employers with remote teams. In 2023, the I-9 form was updated to introduce a remote document inspection process for employers enrolled in E-Verify. While this created more flexibility in workplace standards, it also introduced new compliance steps that employers must follow carefully. It’s also important to ensure that anyone involved in the hiring or onboarding process is trained on Form I-9 requirements, including what documents are acceptable and how to avoid unintentional discrimination.

Did you know the U.S. Citizenship and Immigration Services (USCIS) issued a new edition of the Form I-9 on April 2, 2025? This new edition dated 01/20/2025 is currently available for download and has an expiration date of 05/31/2027. The new form has some minor changes in language and an updated privacy notice.  

Employers may continue to use prior editions of the I-9 form until their respective expiration date. Those two (2) previously released versions include: the 08/01/23 edition, valid until 07/31/2026 and the 08/01/23 edition, valid until 05/31/2027; the latter listed edition was released in August 2024.  While it is acceptable to use the previously released editions, it is best practice for employers to update to the new version as soon as possible to ensure the new I-9 form is in use by July 31, 2026.  

Resources for Employers

Ultimately, while Form I-9 compliance might not be the most exciting part of the onboarding experience, it is a vital one. By investing time in understanding the rules, creating a repeatable process, and reviewing your records regularly, you can protect your business or organization from unnecessary risk and support a stronger, more compliant workplace.

Here are three (3) resources for employers for completing Form I-9 correctly:

1. USCIS I-9 Central Website - The official USCIS resource hub with the most up-to-date forms, instructions, and guidance for employers. Includes a comprehensive handbook for employers and FAQ section addressing common scenarios.
2. HR Consultant Services – Back40 Advisors LLC (https://www.back40advisors.com) can provide personalized guidance, conduct I-9 audits, address specific compliance questions, and offer training for your team on proper I-9 completion procedures.
3. E-Verify Employer Hotline (888-464-4218) - Direct phone support from USCIS representatives who can answer specific questions about Form I-9 completion, document verification, and electronic submission requirements.

Colleen Malmassari, a Society for Human Resource Management-Certified Professional, Professional in Human Resources, is the founder of Back40 Advisors LLC