I-9 compliance

US law requires employers to complete Form I-9 for each individual they hire to work in the United States, ensuring I-9 compliance.

Therefore, we recommend that immigrant employers and employees contact our immigration lawyers in New Jersey. We will be able to provide the necessary guidance to ensure proper compliance with this requirement.

What impact does I-9 compliance have on U.S. businesses in 2025?

Complying with Form I-9 is important for businesses, especially as the US government increases immigration enforcement. 

This is because this form:

• Allows employers to verify employees’ eligibility to work in the United States, and
• Ensures that workers are legally authorized to perform their jobs under the Immigration Reform and Control Act (IRCA).

Employers must follow certain guidelines to avoid penalties when verifying employees’ eligibility to work in the US.

What is Form I-9 in the United States?

Form I-9 is a document used to verify that a worker is legally authorized to work in the United States.

Employers can generally verify a worker’s eligibility through the E-Verify website.

Latest updates to Form I-9

Because Form I-9 is used to verify employment authorization, any changes to immigration programs may affect its validity. That said, the most recent updates include:

• TPS for Haiti: Temporary Protected Status (TPS) has been reduced to 12 months, with an expiration date for EADs of August 3, 2025. 
• TPS for Venezuela: The 2023 TPS was canceled, but the 2021 TPS remains valid until September 10, 2025.
• Ukraine and Sudan: TPS extended for 18 months.
• El Salvador: TPS was extended until September 2026, with work permits valid until March of that year.
• Hong Kong: Deferred Enforced Departure (DED) has been extended until February 2027 for certain Hong Kong residents.
• Ukrainians on Parole: DHS updated new guidelines for maintaining employment authorization for those on Ukrainian parole.
• Automatic EAD extension : Now 540 days (previously 180), allowing for more time to update documentation.

President Trump’s stance against TPS and DACA makes Form I-9 compliance more complex. Therefore, employers must be careful when verifying employment authorization.

Other updates

In addition to the above, the following updates are planned for 2025:

• E-Verify+ will allow candidates to complete their I-9 from any device and receive alerts for discrepancies.
• USCIS will be deleting 2015 records, so they must be downloaded before December.
• The current Form I-9 will remain in effect until 2027 with no need to change it for now.
• Expired Green Cards will be valid for 36 months if renewal has already been requested using Form I-90.

If you’d like to stay informed about the latest news regarding the I-9, you can visit the USCIS website or contact our firm.

What types of penalties can employers face for mistakes on Form I-9?

Employers who violate the laws may be subject to:

• Civil fines and/or criminal penalties.
• Disqualification of government contracts. 
• Court order requiring the employer to hire the discriminated individual and pay back wages.

Penalty amounts for errors on Form I-9

Since early 2025, penalties for errors or non-compliance with Form I-9 have become more severe.

Fines can range from $288 to $2,861 for each error on the form and can reach up to $28,619 for knowingly hiring an unauthorized individual. Additionally, the use of false documents can be punished with up to $11,823 per violation.

How can I stay up to date with I-9 compliance?

To avoid costly mistakes, it’s important to stay up-to-date with this legal document:

• Stay informed about federal, state, and local requirements.
• Review I-9 forms regularly to detect errors in a timely manner.
• Keep forms in secure locations and limit access to authorized personnel only.
• If a problem arises with your I-9, please report it privately, provide copies of the form, and provide guidance to the employee on how to resolve it.
• An immigration attorney can help you avoid penalties and streamline your process.

How do I protect my business?

• Take preventive measures. 
• Conduct regular internal audits to detect errors before an inspection. 
• Train human resources staff on proper form handling, from completion to storage.
• Keep track of employment authorization re-verification deadlines.

What is an I-9 audit?

From time to time, ICE conducts I-9 audits after issuing a notice of inspection (NOI) to discourage the employment of individuals without authorization to work in the U.S. 

These audits seek to detect errors or non-compliance on Form I-9, and any failure can result in costly fines.

How can companies avoid penalties or risks in an I-9 audit?

Businesses must ensure that each I-9 is properly completed, stored, and updated. This includes:

• Verify the identity and employment authorization of each worker.
• Keep all forms, even after the employee leaves the company.
• Correct technical or procedural errors within 10 business days if they are detected during an audit.

They should also follow any warnings that Homeland Security Investigations (HSI) may issue during an inspection.

For more information, we invite you to read our blog on what to do during an ICE raid or I-9 audit .

Types of notices that can be issued after an I-9 audit

Some of the most common notices HSI may issue during an I-9 audit include:

• Letter of compliance.
• Notice of suspicious documents.
• Notice of discrepancies.
• Notice of technical or procedural failures.
• Notice of intent to fine (NIF).

Who is not required to file Form I-9 in the United States?

The following group of individuals are not required to submit an I-9:

• Employees hired before November 6, 1986, under certain criteria.
• Employees of the Commonwealth of the Northern Mariana Islands hired before November 27, 2009 (with certain conditions).
• Occasional domestic workers. For example, a nanny who works sporadically in a private home.
• Independent contractors or temporary agency employees, if not directly employed by the company.
• Those who do not physically work in the US.

Preventing discrimination

The law prohibits discrimination. Therefore, employers cannot discriminate against anyone in hiring, firing, E-Verify, or Form I-9 processes. 

Discrimination, especially against immigrants and the LGBTQ+ community, is a serious problem. As a result, it’s vital to have an attorney to protect your rights.

What documents are required to verify employment eligibility?

To verify employment eligibility, employees must submit one or more documents from the following lists:

• List A: Includes proof of identity and employment authorization.
• List B: Includes documents such as driver’s licenses or government-issued identification cards.
• List C: Includes documents such as your Social Security card or birth certificate.

For more details on specific documents, please check USCIS’s website or contact our firm.

What should employers do if an employee has used a fake ID for Form I-9 verification?

If an employer discovers that a worker used false documents and is not authorized to work, then they must terminate the employment immediately.

However, if the employee demonstrates that they are now authorized, they can continue working. However, the employer must complete a new I-9.

Why do you need the help of our New Jersey immigration attorney to properly complete Form I-9?

Having the right legal support can make all the difference. At Curbelo Law, attorney Carolina Curbelo has guided hundreds of immigrants in complying with labor laws and regularizing their status in the United States.

Whether you need assistance verifying employment authorization, completing Form I-9 accurately, or resolving a broader immigration matter, we are here to help.

Call, email, or schedule an appointment with our Ridgewood, New Jersey office today.