The Form I-9 is one of HR’s most important compliance responsibilities. Failure to follow the I-9 rules can create big problems for affected employees – and create even bigger problems for your organization, including steep monetary penalties for non-compliance.
I-9 compliance rules have been through changes in recent years, with a switch to an online verification process and updates to the associated paperwork. As an employer, it’s crucial that you keep ahead of all such changes and ensure you are meeting your obligations. Currently, fines for paperwork errors range from $281 to almost $2,800 per violation. For intentional violations, the penalties can soar up to $27,000 per instance. It's also worth noting that these fines are expected to increase in 2025.
In this article, we’ll look at some of the most recent updates and help you plan to meet your I-9 requirements.
What’s new in 2025?
Thankfully, this year hasn’t had some of the more dramatic changes we’ve seen in recent years. However, there are some things employers should be aware of:
1. E-verify+
The United States Citizenship and Immigration Service (USCIS) is gradually rolling out E-Verify+ to private employers (employer agents and federal contractors will have to wait a little longer to access the new service). E-Verify+ has a number of new features, but perhaps the most important is the ability for candidates to complete and manage their Form I-9 from any computer, tablet, or mobile device.
This could be a game changer for employers, as it means they won’t spend time acquiring and uploading identity documents. Employers will also no longer need to inform candidates if there is a documentation issue, as E-Verify+ will notify the candidate directly. It should save your HR team a lot of time. In addition, once an employee’s eligibility is verified, it can be carried through to future E-Verify+ participating employers, so you won't have to repeatedly complete Form I-9.
2. Last chance to download 2015 records
E-Verify only retains scanned documents for 10 years, after which all documents are deleted. However, you may be required to retain documents for longer than this. If you don’t have local backups, make sure you don’t miss your last chance to download copies.
At the end of 2025, USCIS will delete all documents from 2015. This means you have until December to download files, which include:
- Company name and location
- Initiated date and verification case number
- Employee name and date of initial resolution
- Date of additional resolution and final status
- Case closure date and case closure description
3. New privacy rules in Illinois
The State of Illinois has recently enacted the Right to Privacy in the Workplace Act, which has some implications for I-9 processing. Some new responsibilities for employers with employees in Illinois include:
- The requirement to notify employees about E-Verify discrepancies (Tentative Non- confirmations or TNCs) and provide instructions to contest findings
- Compliance certification with Illinois-specific E-Verify training, plus posters to be posted and/or accessible to all employees
- A ban on retaliation against employees who challenge discrepancies or report compliance concerns
4. Current I-9 form extended to 2027
The last major update to Form I-9 occurred in 2023, with an expected expiry date of 2026. This has now been extended to 2027, which means you can continue using the current form for an extra year.
The current version of the form has been amended to show the extended expiry date. Best practice is to use the version with the updated expiration date, although the older version (with the 2026 expiry date) is still acceptable.
5. Extended validity for permanent resident cards
Finally, note that USCIS has extended the validity of expired green cards for those with active Form I-90 applications. Form I-90 relates to the renewal of green cards, and previously, such applicants were entitled to a 24-month extension. The extension period is now 36 months.
This may impact employees who are in the process of renewing their green cards. If in doubt about validity, speaking an I-9 expert for further advice.
How to stay on top of I-9 compliance in 2025
Compliance tasks can pile up quickly, and your “To-Do Pile” can soon become your “Overdue Mountain”. The best way to avoid this scenario—and make sure you meet your employer obligations—is to develop and implement a clear I-9 strategy. Here’s how:
1. Know your compliance obligations
Compliance is difficult because you often have to deal with conflicting federal, state, and local regulations. It’s essential to understand which rules affect you and your precise obligations. Pay close attention to questions such as:
- What paperwork do you need to store, and for how long?
- Are there any new state or local rules that might have compliance implications?
- Do you need to be mindful of other rules, such as data privacy laws?
2. Perform regular audits
A large part of ensuring compliance means conducting regular internal audits and reviews. After all, if there is an issue, it’s better that your HR team discovers it rather than an outside auditor. A regular audit schedule should involve steps such as:
- Regular local spot checks to check on day-to-day processing
- Occasional in-depth audits, especially after any major regulatory changes
- Independent audits by trusted third parties who can help flag issues that may have escaped your HR team
3. Store documents safely
Paperwork related to I-9 forms can contain lots of Personally Identifiable Information (PII) about your employees. The same is true of digital files used in the E-Verify or E-Verify+ process. It’s your duty to ensure all information is stored securely so it’s ready for audits but also safe. Some tips to bear in mind:
- Ensure only authorized staff have access to PII
- Educate your team on cybersecurity and physical security best practices
- When documents containing PII are no longer required to be retained, dispose of them safely
4. Support employees facing I-9 issues
Sometimes, an audit or review might reveal some issues with an employee’s eligibility to work. ICE recommends that employers offer the following support in such a situation:
When a deficiency is discovered in an employee’s Form I-9, the employer should notify the affected employee, in private, of the specific deficiency. The employer should provide the employee with copies of their Form I-9, any accompanying Form I-9 documents, and any other documentation showing the alleged deficiency. If the employee is not proficient in English, the employer should communicate in the appropriate language where possible. An employer should also provide clear instructions for employees with questions or concerns related to the internal audit on how to seek additional information from the employer to resolve their questions or concerns.
Notify employees immediately when you discover any issues regarding their eligibility to work. Make sure your team has resources and support to help them correctly complete their I-9.
5. Work with a specialist
If you’re struggling with I-9s, E-Verify, or any other aspect of compliance, it’s usually a good idea to work with a specialist. This might be an immigration law specialist or perhaps an HR expert with extensive knowledge of the rules. Either way, having access to the right people can help you avoid some common I-9 compliance problems.
- Identify skills gaps on your HR team, especially in areas related to regulatory compliance
- Work with trusted partners who can help streamline your compliance process
- Look at ways that HR technology can help reduce the compliance workload
Stay on top of compliance in 2025
Regulations are constantly changing, and staying compliant is hard. This can have serious consequences for your business, your reputation, and for your employees.
It's easier when you've got expert help. Book a call with Helios HR today and let our experienced consultant help you reduce your regulatory compliance workload.
