In today’s environment of increased immigration enforcement and regulatory scrutiny, I-9 compliance has become more critical than ever for employers. As federal agencies ramp up audits and onsite inspections, businesses face growing pressure to ensure that every employee on their payroll is properly documented.
The Form I-9 may seem like a routine onboarding form, but failure to complete, store, or produce it correctly can result in hefty fines, reputational damage, or even criminal liability. In a session at SHRM25, John Fay, director of product strategy at Equifax Workforce Solutions in Phoenix, discussed how employers must treat I-9 compliance not as an afterthought, but as a cornerstone of a proactive risk management strategy.
Form I-9 compliance stems from the Immigration Reform and Control Act of 1986. “The idea behind it was that employers and HR representatives essentially are responsible for ensuring that [they] hire a legal workforce,” Fay said. This law “established the notion of employer sanctions” even in cases where “you’re not actually employing or hiring any unauthorized workers.”
Employers should be aware of two key enforcement actions that the government may pursue: a form I-9 inspection or a worksite enforcement action. The more common of the two is the I-9 inspection, which begins when an employer receives a Notice of Inspection (NOI) requesting the production of I-9s, related documentation, and other business records. Because...
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