In light of the Trump administration’s heightened focus on immigration enforcement, our law firm has been inundated with inquiries from employers seeking guidance on I-9 compliance. The complexities surrounding employment verification have become a pressing concern for many businesses, prompting us to address these issues head-on. Recently, we hosted two webinars that attracted over 500 employers, underscoring the widespread interest and need for clarity on this topic (given the demand, we are conducting another webinar on March 21, more information below). These sessions provided valuable insights and practical advice, helping employers navigate the intricacies of I-9 compliance and ensure they remain in full compliance with federal regulations.

We’ve identified five key aspects of I-9 compliance that are crucial for understanding and adhering to federal requirements. By focusing on these areas, employers can better manage their responsibilities and avoid potential penalties:

1. E-Verify and Remote Document Verification

E-Verify is an online system that allows employers to confirm the eligibility of their employees to work in the United States. With the rise of remote work, remote document verification has become increasingly important. However, this is only available for employers who are enrolled in E-Verify and are good standing, and they must follow specific guidelines to ensure the process is secure and compliant. This includes using video conferencing tools to inspect documents and maintaining detailed records of the verification process. All employers not enrolled in the E-Verify program must physically inspect the documents produced by employees when completing the I-9.

2. USCIS Handbook for Employers M-274

The USCIS Handbook for Employers (M-274) is an essential resource for understanding the requirements of Form I-9, which is used to verify the identity and employment authorization of individuals hired for employment in the United States. The handbook provides detailed instructions on how to complete and retain Form I-9, as well as guidance on handling special situations such as name changes and rehires.

3. Retention of Form I-9

Employers must retain completed Form I-9 for each employee for a specific duration to comply with federal regulations. The retention period is determined based on the employee’s tenure with the company:

  • For current employees, retain the form for as long as they work for you.
  • For former employees, retain the form for either three years after the date of hire or one year after the date employment ends, whichever is later.

Employers can retain Form I-9 on paper, microfilm, microfiche, or electronically, but they must ensure that the forms are accessible and can be presented within three business days of an inspection request from DHS, DOJ, or DOL officers.

4. Time to Complete Form I-9

The Form I-9 needs to be completed by both the employee and the employer within specific timeframes to ensure compliance with U.S. immigration laws:

  • The employee must complete Section 1 no later than their first day of employment.
  • The employer must complete Section 2 by examining the employee’s documents and verifying their identity and employment authorization within three business days of the employee’s first day of employment.

In special cases, such as when the employee will work for less than three business days, both sections must be fully completed at the time of hire.

5. Recertification and Reverification

Employers need to reverify or recertify Form I-9s in specific situations to ensure that employees remain authorized to work in the United States:

  • Reverify employment authorization no later than the date the current authorization expires.
  • If rehiring an employee within three years from the date the original Form I-9 was completed, update the form to reflect the rehire date and reverify employment authorization if necessary.

Employers should also be aware of special situations, such as automatic extensions of employment authorization and specific requirements for employees with Temporary Protected Status (TPS) or those who are refugees or asylees.

By understanding and adhering to these key aspects, California employers can ensure compliance with employment verification requirements and avoid potential penalties. For more detailed information, refer to the USCIS Handbook for Employers (M-274) and other relevant resources.

As we continue to support employers in navigating the complexities of I-9 compliance, we are excited to announce our upcoming webinar on March 21, 2025, at 10 a.m. PT. This session will focus on a hands-on workshop addressing the most pressing issues employers face regarding I-9s and compliance, and registration is available here.