With Administration changes impacting immigration at the speed of light, employment verification has become a pressing concern for employers. Below are a few key areas to focus on to help better manage your responsibilities and potential risks: 

Consider E-Verify+: The U.S. Customs and Immigration Service, in conjunction with the Social Security Administration (the Department), offers an upgraded version of its existing E-Verify system. E-Verify+ is an enhanced online service that integrates the Form I-9 process directly into the Department’s existing E-Verify program, allowing both employers and employees to access the system to complete their respective portions of the form. The goal of E-Verify+ is reducing the administrative burden on employers and shifting the responsibility of providing accurate data to the employee. 

Review Completion and Retention Rules: Employers must complete a Form I-9 each time they hire anyone to perform labor or services in the United States in return for wages or other remuneration (i.e., anything of value given in exchange for labor or services, including food and lodging).  

Employers must retain completed Form I-9s on file for each employee on their payroll (or otherwise receiving remuneration) hired after Nov. 6, 1986.i An employee’s Form I-9 and any copies (or electronic images of documentation) must be retained for each employee for at least three years from the date of hire or one year after employment ends, whichever is later. This requirement applies even if the employee ends employment shortly after the date of hire. 

Perform an Internal Audit: As they say, the best offense is a good defense. Conducting an internal Form I-9 audit ensures compliance with regulations and lowers risk by giving the employer an opportunity to identify and correct errors. An audit will also help in avoiding potential fines or legal issues associated with government inspections and demonstrate good faith and commitment to compliance. Audits are also a great training opportunity for Human Resources personnel, highlighting areas where staff might need further training on completing and managing Form I-9s. 

Correct Errors Correctly: When correcting errors during an internal Form I-9 audit, employers should ensure changes are made properly to maintain compliance. Errors should be corrected by the person who originally completed the form, if available, using a single line strike-through, adding the correct information nearby, and initialing and dating the change. Do not backdate any information. White-out or erasers should never be used, and corrections should be made in a different color ink to distinguish them from the original entries. If an I-9 is missing, a new one should be completed and attached to the original with an explanation. For significant corrections, such as missing sections or late completions, employers should include a brief memo explaining the reason for the change. All audits should be well-documented to demonstrate good faith compliance efforts.  

Looking for additional information, tips, and best practices on preparing for ICE and DHS actions, including I-9 audits? Join Western Growers in Salinas on April 2, 2025, for our ‘Strategies for Workplace Violence & ICE Readiness’ seminar. Save the date and register here!