Employer Preparedness for I‑9 Audits and Immigration Enforcement

Written by: Meghan Phillips, Esq.

Immigration enforcement activity has increased sharply since 2025, making Form I‑9 compliance and proper workforce documentation a critical risk area for all U.S. employers. The stakes are especially high for industries with large immigrant workforces— including construction, landscaping, agriculture, hospitality, restaurants and food service, food processing and meatpacking, manufacturing, janitorial and cleaning services, healthcare, home health, and staffing agencies.

Every employer hiring in the United States must complete and retain a Form I‑9 for each employee, including U.S. citizens. While enforcement often focuses on paperwork rather than intentional misconduct, even technical errors can lead to fines, reputational harm, and business disruption. Employers who are in industries with high turnover, mobile workforces, short-term or seasonal hires, subcontracting, and multiple job sites are especially vulnerable.

Getting the basics right matters. Employees must complete Section 1 of Form I‑9 on or before their first day of work, and employers must complete Section 2 within three business days by reviewing original documents proving the employee’s identity and legal authorization to work. Employers may not specify which documents an employee presents or request more documents than required—mistakes that can create both compliance and discrimination claim risks. Reverification is required upon re-hire or when an employee’s temporary work authorization expires. Employers must retain I-9s for either: 3 years after the date of hire, or 1 year after the date employment ends, whichever is later. Missing forms, late completion, improper corrections, and inconsistent practices remain among the most common violations.

Most employers encounter immigration enforcement through an I‑9 audit, which typically begins with a Notice of Inspection and a short 3-business-day deadline to produce records. Audits may result in a compliance letter, a request for corrections, or civil fines if violations are found. Less commonly—but more disruptively—employers may experience unannounced worksite enforcement actions. Understanding the difference between audits and workplace visits or “immigration raids,” having policies or established practices for both, and training supervisors and employees on how to respond appropriately, can significantly reduce risk, business disruption, and employee confusion or worry.

The most effective way to protect your organization is proactive planning. Regular internal I‑9 audits, standardized onboarding procedures, and training for staff involved in hiring and management of worksites can help identify and correct issues before the government does. Employers should also maintain clear policies and procedures for responding to audits or enforcement visits, including designating who may interact with government officers. Immigration compliance is not just about avoiding penalties—it is about protecting your workforce, maintaining operations, and safeguarding your organization’s reputation.

When to Involve Legal Counsel

While routine I‑9 completion can often be handled internally with proper training, employers should strongly consider involving employment or immigration legal counsel in several common situations:

• Conducting internal I‑9 self‑audits to maintain privilege;
• Discovering widespread, repeated, or systemic I‑9 errors;
• Correcting older I‑9s that could create liability if mishandled;
• Receiving a Notice of Inspection for an I-9 Audit, Notice of Discrepancies, or Notice of Intent to Fine;
• Any unannounced workplace visit by government agencies such as Immigration and Customs Enforcement (ICE), the Department of Homeland Security (DHS), the Department of Labor (DOL), or other government or law enforcement officers; or
• Developing procedures for Immigration Enforcement visits to the workplace and reviewing worksite preparedness. 

Legal counsel can help manage communications with the government, ensure proper correction procedures, assess joint‑employer or misclassification risks, and reduce potential penalties while avoiding actions that could unintentionally increase liability.

Need Help with an I-9 Audit or Workplace Immigration Preparedness?

Our office has an attorney experienced in employment and immigration law and who is licensed before federal, state, and immigration courts. We can guide your organization through every stage of the I‑9 audit process, develop comprehensive workplace policies, conduct training, and prepare your worksite and workforce for compliance visits or enforcement activity.

Schedule a consultation today to move forward with confidence. If you have any questions, please call Meghan Phillips at 703-369-4738 or info@vfnlaw.com. learn more or make an appointment for a consultation.

This blog post is not intended to provide legal advice or substitute for the advice of legal counsel with respect to specific facts and situations. See disclaimer