The Trump administration has already begun to implement significant changes in U.S. immigration policy and work authorization enforcement is expected to be a top priority.
Employers should review their Form I-9 compliance now and prepare for potential I-9 audits and worksite visits, experts said.
“Federal law requires employers to use Form I-9 to document employment eligibility,” said Sarah Hawk, a partner in the Atlanta office of Barnes and Thornburg. “Although some employers use the paper version of Form I-9, others also participate in E-Verify, a voluntary web-based system that compares information from an existing Form I-9 to government records to confirm an employee’s authorization to work in the U.S.”
A surge in I-9 audits is expected under the new administration.
“We expect heightened scrutiny on I-9s as the Trump administration enters office,” Hawk said. “We’ve had increased interest from clients seeking legal help on I-9 compliance, and we are conducting some very large internal audits right now.”
While completing and retaining Forms I-9 may appear straightforward, even employers with strong compliance programs may inadvertently make mistakes, said Miriam Thompson, of counsel in the Atlanta office of GreenbergTraurig. “Common issues include incomplete forms, late completion, misplaced documentation, or failure to adhere to retention rules—all of which could create vulnerabilities during an audit,” she said.
Every employee on payroll must have an I-9 form on file...
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