With increased scrutiny of immigration compliance, human-resource professionals must ensure that their Form I-9 processes are accurate, up-to-date, and legally compliant.

The Form I-9, required for all U.S. employers, verifies the identity and employment authorization of individuals hired to work in the country. However, common mistakes—such as missing signatures, incorrect document verification, or failure to reverify work authorizations—can expose organizations to costly fines and legal risks. Conducting a proactive I-9 audit not only helps identify and correct these issues but also demonstrates good faith compliance in the event of a government inspection.

Here is a step-by-step approach to auditing I-9 forms effectively, ensuring your organization remains compliant and prepared.

1. Familiarize yourself with the most up-to-date form and instructions, which can be found here.
2. Determine whether you will review all Form I-9s or just a random sampling. If it’s a random sampling, it must be truly random such as following an alphabetical list and reviewing every third form. This process will also help to identify any missing forms.
3. Develop a process for amending any incorrect fields.
   • For minor errors, use a single line to cross out incorrect information, write the correction, and initial/date the change.
   • If errors are extensive, consider completing a new Form I-9 and attaching it to the original with an explanatory note.
4. Complete new Form I-9s for any that are missing.
   • Request missing I-9 forms from employees if still within the employment period.
   • Document efforts to resolve missing or incomplete forms.
   • Document corrections made and actions taken for incomplete or missing forms.
5. Provide training for HR staff on proper I-9 procedures to prevent future errors.
6. Recommend and schedule regular internal Form I-9 audits (e.g., annually or biannually).
7. Develop and document an internal process for responding to government audits or subpoenas.
8. Store Form I-9s in a secure location to protect employee data. The Form I-9 should not be kept in an employee’s personnel file, but rather all Form I-9s should be kept in a separate folder or binder.
9. Forms for terminated employees should be kept in a separate folder with a plan for removing forms once the retention period has been completed. Form I-9s for terminated employees must be kept for three years from the date of hire or one year from the date of termination, whichever is later.

For More Information
Ensuring compliance with Form I-9 requirements is critical for avoiding costly penalties and legal risks. AIM members can contact the HR Helpline at 800-470-6277 or email helpline@aimnet.org for guidance on I-9 audits, corrections, and best practices.