Written by: Kim Hubric, Vice President
For close to four decades, employers have been required to comply with the Immigration Reform and Control Act (IRCA) of 1986 by using the Employment Eligibility Verification Form I-9 or now through E-Verify. This crucial piece of documentation, storage and retention process, verifies the identity and employment eligibility of citizens and non-citizens to be able to work in the United States.
As the Form has changed over the years, so has the verification process and the scrutiny placed on employers by the Department of Homeland Security’s Immigration and Customs Enforcement (ICE) agency.
In 2025, employers will find that they must be more vigilant than ever with the verification process or they could face significant fines. In fact, when there is a pattern or practice of violations for non-compliance on the Form I-9 paperwork, penalties can range from $288 up to $2,861 per form! In addition, civil penalties for knowingly hiring, recruiting or retaining unauthorized aliens start at $716-$5,724 for a 1st offense, and from $5,724-$28,619 for 2nd and 3rd repeat offenses (per unauthorized worker). Just imagine how costly this could become for an employer!
Stronger Enforcement Under the New Administration
Under the new administration, immigration and employment verification policies have become a top priority.
Employers should anticipate:
- Stricter Immigration Policies: The administration has signed executive orders prioritizing immigration enforcement, including mass deportation efforts and increased scrutiny of employment verification processes.
- Increased Worksite Enforcement: Employers should be prepared for more frequent and aggressive workplace audits and raids.
What Can an Employer Do to Protect Themselves From Costly Fines?
- Use a Current Form: Only the Form I-9 version dated 08/01/23 and expires 05/31/2027 is acceptable to use for new hires. This form can be found here: Employment Eligibility Verification | USCIS. This form is fillable on tablets and mobile devices, allowing for greater flexibility for employees and employers.
- Utilize E-Verify: Enrolling in E-Verify can help confirm employment eligibility and provide additional compliance safeguards. Employers enrolled in E-Verify can examine employee documents via live video interaction (which is helpful for remote workers) if they meet specific criteria. More information regarding E-Verify can be found here: Employers | E-Verify
- Retain Documents Properly: Form I-9s must be retained either one year after the date of termination or three years after the date of hire, whichever is later. Employers should always have a Form I-9 on file for all current employees and should keep the I-9 in a file or binder that is separated (and secure) from the personnel file.
- Conduct Internal I-9 Audits: Regularly review all Form I-9 documentation to ensure accuracy and compliance. Hubric Resources has assisted employers with this process for over twenty-one years, and we are here to help!
- Train the Team: Invest in educating hiring managers and HR team members on the latest Form I-9 requirements and best practices.
By proactively addressing employment verification practices and reinforcing compliance strategies, you can mitigate risk, businesses can ensure compliance and avoid potential legal challenges.
Hubric Resources Can Help!
To help businesses navigate these complexities, Hubric Resources is here to offer expert guidance. We conduct audits, identify compliance gaps, and implement customized strategies to help protect organizations from costly penalties and operational disruptions. Contact us for additional information at info@hubricresources.com or (610) 670-7878.