I-9 Compliance in 2025: What Every Employer Needs to Know Now

Worksite enforcement and immigration audits are on the rise under President Trump’s efforts to crack down on illegal immigration in his second administration. With updated fine schedules now in effect – reaching $2,861 per paperwork violation and up to $28,619 per unauthorized worker – getting ahead of an audit is worth every penny.

In this article, we outline key I-9 practical checks that your team can implement immediately.

I-9 Compliance Quick-Check

• Section 1 (employee) must be completed no later than the first day of work.
• Section 2 (employer) must be completed within three business days of the start date.
• Supplement B (formerly Section 3) is used for:
  • Rehiring an employee within 3 years, and
  • Reverification of expired work authorization.

• Keep I-9s for three years after the date of hire or one year after termination—whichever is later.
• Active employee? Always retain their I-9—no matter how long they’ve been employed.

• Accept only documents from List A or a combination of List B and List C.
• Do not reverify expired identity documents (List B) if a valid List C document is on file.
• Confirm documents are unexpired, appear genuine, and accurately relate to the individual.

• All corrections must be initialed and dated—do not erase or use white-out.
• Never backdate. If correction is extensive, complete a new I-9 and attach it to the original with a written explanation.

• Technical errors (e.g., missing A-number, incomplete field) must be corrected within 10 days of ICE notice.
• Substantive errors (e.g., unsigned Section 1, incorrect status box, missing Section 2) cannot be corrected retroactively and may trigger fines.
• Using the wrong version of Form I-9? Staple a blank current version to the completed outdated version with a note explaining the issue.

In today’s heightened enforcement environment, proactive I-9 compliance is no longer just good practice – it's a critical defense against significant financial penalties and operational disruptions.

By implementing the quick-check strategies outlined in this article, employers can strengthen their I-9 procedures, identify and correct common errors, and demonstrate a commitment to compliance.

Remember, whether you employ one foreign worker or hundreds, taking immediate steps to ensure compliance with federal Form I-9 requirements is paramount. For specific guidance on deeper remediation strategies or assistance with an audit response, it is always advisable to consult with experienced legal counsel.

About Our Author

Mary Kate Fernandez focuses her practice exclusively on business immigration, representing employers across a range of industries. With experience guiding clients through U.S. immigration regulations, she helps businesses sponsor and retain skilled talent from around the world. She also assists employers in addressing a wide range of employment issues related to immigration and international employment, ensuring they remain compliant with regulations. Fernandez has established contacts and experience liaising with the Department of Labor (DOL), U.S. Citizenship and Immigration Services (USCIS), U.S. Coast Guard (USCG), Department of State (DOS), and U.S. consulates worldwide. This network enables her to guide clients effectively through regulatory requirements across different jurisdictions.