As federal oversight of work authorization increases, especially with stricter ICE enforcement and higher penalties in 2026, now is the ideal time to review your I-9 process and forms.

Form I-9 is required upon hiring an employee to verify identity and employment authorization. While it may seem straightforward, errors in initial completion and reauthorizations, or improper retention can lead to significant penalties even for an honest mistake.

Take the time to review your I-9s for key compliance requirements:

• Retention: Employers must retain each I-9 for either three years after the date of hire or one year after employment ends, whichever is later.
• Proper Completion of Each Section:
  • Section 1 (Employee Information): Must be completed by the employee on or before their first day of work. Ensure all fields are filled out accurately. Common errors include missing signatures and failure to check the status box (e.g., “A Citizen of the United States”).
  • Section 2 (Employer Review): The employer must physically examine the employee’s original documents within three business days of hire and record the document details accurately. Employers enrolled in E-Verify have an option for remote document examination under certain conditions. Common errors include incomplete document information, leaving first day of employment blank, and missing signatures.
  • Section 3 (Reverification): Required when an employee’s work authorization expires or if employer rehires an employee within three years of the original I-9 (employer can also choose to complete a new I-9). While not strictly mandatory under federal law, this section can also be used to update legal name changes to ensure employer records match payroll and tax filings.

Waiting for an audit to discover compliance issues can be costly and stressful. Be proactive by conducting frequent reviews of your I-9s, maintaining appropriate records, and providing training to the staff member in charge of I-9 completion. These steps will help you avoid penalties and protect your organization.

If you need assistance, SEK can guide you through the I-9 review process, answer your questions, and even perform a comprehensive I-9 audit to ensure your organization is compliant.