It’s Time to Audit Your I-9s
By Ben Opp, SPHR, HR Hotline & Content Advisor
Published February 11, 2025
The past three weeks have been busy on the HR Hotline, with lots of calls from members watching the new administration’s immigration enforcement efforts and casting a concerned gaze toward their I-9s. If you’re feeling uneasy, now’s a great time for a self-audit. Here’s a step-by-step guide to get you started.
1. Establish open communication.
To avoid surprises and mitigate employee anxiety, set expectations with clear communication. Here’s some sample language to consider for an all-employee notification:
Please be informed that we will be conducting a routine internal audit of all employee I-9 forms to ensure compliance with federal employment eligibility verification requirements.
During this audit, we will review your completed Form I-9 to verify accuracy and completeness of documentation related to your employment eligibility. All information will be handled with strict confidentiality. No action will be required of you unless contacted. If there is a discrepancy with your form, you will be given a reasonable opportunity to correct the form.
This audit is intended to confirm that our organization is maintaining proper compliance with immigration laws and to identify any potential areas for improvement in our I-9 procedures. Our organization does not discriminate based on national origin or work authorization status.
2. Gather all your I-9s in one place.
We recommend keeping them all in a single binder for ease of review. If yours currently live in individual personnel files, this is your opportunity to consolidate. Ensure they are stored securely throughout the self-audit, with access provided only to staff involved.
3. Get ready to document everything.
Before we get into the details, here’s a rule of thumb: tell the story of all corrections with documentation by attaching a note to the I-9. The note should mention how the error was found (“performed a self-audit on 2/11/25”), what was discovered (“found no box was checked in Section 1”) and what was done to fix the problem (“asked employee to check the appropriate box”). Sign and date the note.
4. Make sure you have an I-9 for every current employee.
If any are missing, work with those employees to complete one immediately. Record the employee’s actual date of hire in the “First Day of Employment” field in Section 2. When you and the employee sign the form, use the current date, not the hire date, and attach a note explaining why the form wasn’t completed on time (see #2 above).
5. Make sure you have I-9s for all separated employees within the retention window.
Once an employee separates, you need to keep their I-9 for three years after their date of hire or one year after the date employment ends, whichever is later. Missing forms can’t be fixed, but you should add a note to that spot in your I-9 binder telling the story.
6. Carefully review every I-9 for errors and omissions.
In Section 1, make sure every field is filled in (except for the Social Security number, which is only mandatory if you’re an E-Verify user), that an immigration status box is checked, and that the employee’s signature and date are present.
In Section 2, make sure the details of either a single List A document or one List B and one List C document are present, and all remaining fields are filled in.
In Section 3 (or Supplement B on the latest revision of the form), ensure all fields are filled in for each rehire or reverification event.
7. Correct errors or omissions.
Missing information should be filled in by the employee (in Section 1) or employer (in Section 2) and initialed and dated by both parties. Errors should be crossed out (never whited out or otherwise obscured) and corrected in the same manner.
If document information is missing from Section 2, the employee may need to present their identity and work authorization documents again for your review. The employee can present a different set of documents than they did previously, if they satisfy the requirements.
Sometimes it may be better to start over with a fresh I-9 form by filling out just the section that needed corrections, or even the entire form – do this if there are many errors or the corrected form becomes difficult to read. Attach the new form to the old one (don’t destroy it!).
Finally, attach a note telling the story of the corrections (see #2).
8. Check for expired temporary work authorization.
If the employee has temporary work authorization, check if the expiration date has passed. You’ll most commonly encounter temporary work authorization in the form of an I-766 Employment Authorization Document (EAD) on List A or a document issued by the Department of Homeland Security on List C. If you discover that an employee’s work authorization has expired, inform them immediately and ask to see an updated document. (In some cases, an expired EAD is fine when accompanied by evidence of automatic renewal – review USCIS guidance on this topic or call our HR Hotline for details.)
Documents that carry permanent work authorization should never be reverified, even if the document expiration date has passed. This includes U.S. citizens and employees holding an I-551 Permanent Resident Card (“green card”). List B identity documents are also never subject to reverification.
9. Confirm your policy about document copies and address discrepancies.
You get to choose whether to keep copies of employee identity and work authorization documents, as long as you follow your chosen practice consistently for all employees (except for E-Verify users, who are required to keep copies). As you review your I-9s, address any discrepancies by attaching a note.
If you want to change your practice, document this change with a note tucked into the front pocket of your I-9 binder. If you decide to stop keeping document copies, retain the ones you have from prior to the change.
What about fines?
Even after you correct them, some errors may result in fines when discovered in an audit, but documenting a good faith effort to correct errors can soften the blow.
More questions?
Here are a few of our favorite resources with detailed guidance:
Of course, HR Source members can always contact us via the HR Hotline Online or at 800-448-4584 with questions.
Finally, if you’re looking for hands-on assistance, our Outsourced HR Team may be able to help. Reach out to Jackie Throop, Director of Outsourced HR and Recruiting Services, to discuss your project scope.