Form I-9 Audits

Federal law requires that every employer who hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification (I-9). The I-9 helps employers verify the identity and employment authorization of each person they want to employ. Several factors can lead to improper completion of the I-9, including missing documentation, incomplete answers or missing signatures. If the U.S. Department of Homeland Security’s Immigration and Customs Enforcement Homeland Security Investigation (HSI) conducts an audit of an employer’s I-9 forms and finds an error, they may require the employer to immediate terminate the employee. 

The information below is intended to help employers understand their responsibilities regarding the I-9, how to conduct a self-audit, and how to prepare and respond to an HSI audit.

Top Resources

Go here to find answers to many of the most commonly asked questions employers have regarding the I-9.

This page walks employers through the steps of completing or correcting Form I-9 and includes timelines for completion and examples to follow.

This handbook provides guidance on how to properly complete Form I-9 section by section and addresses various special circumstances.

This page provides the process that must be followed to correct any errors in a previously-submitted I-9.

Best Practices

SBCA legal counsel Kent Pagel provides guidance on what employers should do to internally prepare for an HSI-led I-9 audit, and what their rights are once an audit is conducted.

Here are a eight tips to help protect your company and limit exposure for I-9 violations.

The page describes how an I-9 inspection is conducted, how the employer will be informed of the results, and what the various outcomes may be.

This page instructs employers on how long to keep Forms I-9, how to store them and what to do if the government asks to inspect these forms.