For HR professionals and workforce strategists, hiring global talent can transform an organization—but it also introduces significant immigration compliance obligations. Chief among them is Form I-9, Employment Eligibility Verification. Every U.S. employer must complete this form for all new hires to confirm their eligibility to work. However, when hiring foreign nationals, the process becomes more complex due to ongoing reverification requirements. In 2025, with civil fines ranging from several hundred to several thousand dollars per violation, I-9 compliance is no longer a mere administrative formality. It is an essential element of legal and financial risk management.
The Three Most Common I-9 Mistakes
Most I-9 violations occur not out of intent, but due to oversight, inconsistent procedures, or misunderstanding of the rules. The most frequent compliance failures include missed deadlines, improper reverification, and discriminatory document practices.
1. Missing Critical Deadlines
Timing is one of the most unforgiving aspects of I-9 compliance. Employees must complete Section 1 by their first day of work, and employers must complete Section 2 and verify documentation by the third business day. Missing these deadlines—even by a single day—will trigger violations during an audit. Auditors impose fines regardless of whether the employee was fully authorized to work, making strict process management essential.
2. The Reverification Challenge
Employers are required to reverify employees with temporary work authorization, such as those with Employment Authorization Documents (EADs) under Optional Practical Training (OPT) or certain visa categories. Failure to monitor and act before a document’s expiration can expose the employer to severe penalties for “knowingly” employing an unauthorized worker. This type of violation carries heavier consequences than ordinary paperwork mistakes. It is also important to remember that reverification does not apply to permanent residents or U.S. citizens—doing so can constitute unlawful discrimination.
3. Document Abuse and Discrimination
In efforts to remain compliant, HR teams sometimes unintentionally violate anti-discrimination laws. Document Abuse occurs when an employer requests more documentation than required or specifies which documents an employee should present. For instance, requiring a Green Card when a valid passport has been provided can be considered discriminatory. Such violations are prosecutable under the Immigration and Nationality Act and can result in both financial and reputational harm.
The Attorney Advantage: Building a Compliance Shield
When Immigration and Customs Enforcement (ICE) or U.S. Citizenship and Immigration Services (USCIS) initiates an I-9 audit, even minor internal errors can lead to substantial external consequences. Partnering with a business immigration attorney provides essential protection through preventive strategies and expert guidance.
Proactive Internal Audits
An attorney can conduct a privileged internal review to identify and correct both technical and substantive errors. These corrections, made before a Notice of Inspection (NOI) is issued, demonstrate good faith and can prevent or mitigate penalties.
Audit Response Planning
If your organization receives an NOI, your attorney will coordinate all agency communication, ensuring you provide only the required documentation within the strict three-day deadline. This approach prevents unintentional disclosures that could increase liability.
System Standardization and Training
Attorneys also help HR teams establish standardized procedures and technology solutions that ensure consistent I-9 completion, reverification, and secure digital storage. Proper training and system integration across multiple offices prevent the inconsistencies that often trigger audits.
Penalty Mitigation
If an investigation leads to a Notice of Intent to Fine (NIF), an attorney can negotiate on your behalf, using evidence of your company’s compliance efforts to reduce or dismiss penalties.
Final Thoughts
In today’s enforcement climate, I-9 compliance should be viewed as a core compliance function rather than a paperwork task. By working proactively with legal counsel, HR professionals can reduce risk, avoid costly penalties, and protect both their organization’s reputation and its global workforce.