I-9 Compliance and E-Verify: Immigration Document Verification Best Practices

Form I-9 compliance represents one of the most technically complex yet universally required employment law obligations facing U.S. employers. Every employer— regardless of size, industry, or workforce composition—must verify employment authorization for every employee hired after November 6, 1986, when the Immigration Reform and Control Act (IRCA) established the I-9 requirement. Despite this near-universal mandate, I-9 compliance remains among the most frequently violated employment regulations, with U.S. Immigration and Customs Enforcement (ICE) conducting thousands of audits annually and assessing millions in civil penalties for technical violations.

The complexity stems from exacting technical requirements governing form completion timing, acceptable document lists spanning dozens of options, physical examination obligations, correction procedures, retention schedules, and evolving regulatory guidance. Unlike many employment laws allowing reasonable good-faith interpretation, I-9 regulations demand precise compliance with specific procedural steps—seemingly minor errors like missing signatures, incorrect dates, or inadequate document descriptions trigger per-form penalties ranging from $272 to

$2,701 for paperwork violations and $592 to $23,607 for knowing hire or continuing employment violations.