We’ve seen time and again employers with the best intentions unknowingly placing their businesses at risk because they didn’t understand the I-9 process. With workplace audits on the rise and immigration enforcement intensifying in 2025, the stakes have never been higher.
Whether you’re an entrepreneur hiring your first employee or a seasoned business owner, staying compliant with Form I-9 requirements is critical. In this blog, we’ll guide you through what I-9 compliance really means, why it matters now more than ever, and how to safeguard your business from costly penalties.
What Is Form I-9 and Who Needs It?
Form I-9 is used to verify the identity and employment authorization of individuals hired in the United States. It’s a required document for every single hired citizen or not. Employers must ensure that new employees complete the form on their first day, and then they must review and verify identification documents within three business days.
This form may seem like routine paperwork, but failing to fill it out correctly or maintain it properly can result in fines ranging from hundreds to tens of thousands of dollars per violation.
What Is ICE Looking for in I-9 Audits?
When Immigration and Customs Enforcement (ICE) conducts an audit, they’re primarily reviewing Form I-9s to verify employee identity and employment authorization. But it doesn’t stop there. Under the current administration, all businesses large or small should expect increased I-9 audits, particularly in industries like food service, construction, and hospitality. If ICE issues a Notice of Inspection, it’s often paired with an administrative subpoena demanding additional business records. This can include hiring documents, tax forms, and even contractor information.
If you employ 1099 contractors, ICE may still subpoena your business and ask for contractor names and addresses. This was exactly what happened in the Walmart case, which ended in an $11 million fine. If ICE visits your workplace and requests to see your I-9s, you are not legally required to produce them immediately. However, if ICE serves a Notice of Inspection, you are obligated to produce all I-9 records within 72 hours. That’s why it’s critical to stay organized and have a response plan ready.
Why I-9 Compliance Matters in 2025
In recent months, immigration authorities have increased unannounced inspections and workplace audits. The Department of Homeland Security (DHS) has signaled a renewed focus on employer accountability particularly in industries with large immigrant workforces such as hospitality, construction, agriculture, and tech.
For employers, this means even unintentional errors on I-9 forms can trigger government investigations, brand damage, and financial consequences. And while some businesses may believe audits are unlikely, we’ve helped clients navigate surprise visits that resulted in six-figure penalties all because of clerical errors.
With immigration laws shifting and enforcement growing more aggressive, compliance isn’t a one-time checklist it’s an ongoing responsibility.
Common Mistakes That Trigger Investigations
We often hear from clients who thought they were doing everything right. But Form I-9 is deceptively easy to get wrong. Missing signatures, expired work authorization documents, or failure to reverify a visa holder can all lead to noncompliance even if you had no bad intent.
Another common error? Not storing I-9 forms properly. Employers are required to keep these forms on file for either three years after the hire date or one year after the employee leaves whichever is later.
Failure to produce accurate records during an audit is a violation in itself.
How to Prepare for an I-9 Audit: 5 Action Steps for 2025
Here’s what businesses should do right now to stay ahead of ICE enforcement:
1. Conduct Internal Audits
Review your I-9 forms regularly. Make sure every record is complete, signed, dated, and consistent. Pay special attention to older forms that may require re-verification.
2. Designate a Compliance Officer
Assign someone on your HR or legal team to oversee your I-9 processes. This person should know where forms are stored, understand audit procedures, and be responsible for regular reviews.
3. Train Your Team
HR teams should be trained to recognize valid documents, spot potential fraud, and handle ICE visits professionally. Training is your first line of defense.
4. Develop a Response Plan
A written plan makes all the difference when facing an inspection. Work with an immigration lawyer to create a clear process for managing document requests, employee interviews, and timelines.
5. Educate Yourself and Your Team
Ultimately, compliance isn’t just legal, it’s strategic. A strong policy will save you time, stress, and potentially millions in legal risk. Make immigration part of your leadership conversation.
What Is E-Verify, and Should You Use It?
Some businesses ask whether using E-Verify, a federal web-based system that cross-checks employment eligibility with government databases—is a substitute for Form I-9. The answer is no.
E-Verify is optional for many employers, but it doesn’t replace the I-9 process. Instead, it’s a supplementary tool that can strengthen your hiring compliance, especially in states where it’s required or incentivized.
If you’re unsure whether E-Verify is right for your company, our attorneys can help you make an informed decision based on your state laws, federal contracts, and industry risk level.
I-9 Audits: What Happens During an Inspection?
If your business is selected for an audit, Immigration and Customs Enforcement (ICE) will typically serve a Notice of Inspection (NOI), requesting access to your I-9 forms and related documents. Employers generally have three business days to prepare.
During the audit, officers will examine each I-9 form for accuracy, ensure employees are authorized to work in the U.S., and verify whether any violations occurred. They may also conduct employee interviews and site inspections.
How We Help Employers Stay Compliant
Altius Immigration Law is uniquely positioned to guide business owners through I-9 compliance challenges. Our founder, André Matias, built the firm with the goal of making immigration easier not just for individuals, but for the employers who support them.
Our services go beyond basic form review. We take a holistic approach by helping clients:
- Develop custom compliance protocols
- Conduct internal I-9 audits
- Prepare for DHS inspections
- Reverify documents for work-authorized employees
- Train HR teams on best practices
We also advise on broader employment-based immigration issues, such as H-1B sponsorship, green card pathways for skilled workers, and temporary work visa management.
Startups and Small Businesses
Startups often operate with limited administrative resources, and immigration compliance can fall to the bottom of the priority list. But here’s the reality: ICE doesn’t care how big your company is only that you’re following the law. Even one incorrect or incomplete I-9 form can result in a violation.
We work with startup founders to develop systems that scale, from onboarding procedures to document storage solutions.
Let Altius Immigration Law Be Your Compliance Partner
If there’s one thing employers should know in 2025 is proactive compliance is your best protection. The immigration landscape is evolving, and enforcement is only getting stricter. Staying ahead of audits, understanding your responsibilities, and partnering with an experienced immigration attorney can mean the difference between peace of mind and financial risk.
We combine legal precision with genuine care because we know immigration affects real people, real businesses, and real futures. We serve in all 50 states and help all over Washington, D.C.,Bethesda, Frederick,Caithersburg, Rockville, Baltimore, Arlington, Alexandria, Reston, and Woodbridge. If you or a loved one is seeking immigration help schedule a consultation, or call us at (202) 794-9140. También hablamos español.
