I-9 Compliance Isn’t Optional Anymore — And the Fines Are Getting Real

If you handle hiring paperwork, chances are the Form I-9 feels routine. It’s something that gets completed, filed away, and rarely thought about again.

That mindset is exactly what’s getting employers into trouble.

On August 1, 2023, the Department of Homeland Security (DHS) and U.S. Citizenship and Immigration Services (USCIS) released a new version of Form I-9, along with updated rules for how it must be completed. Since then, enforcement has increased—and so have the penalties.

A New I-9 Form (And New Expectations)

USCIS officially rolled out the revised Form I-9 dated 08/01/2023. Employers are required to use the correct version and follow the updated instructions.

Using an outdated form or completing it incorrectly—even unintentionally—can result in fines.

Remote I-9 Verification: Allowed, But Not for Everyone

One of the biggest changes has been the ability to verify documents remotely. But this is where many employers get it wrong.

Remote document verification is not automatically allowed.

It is only permitted under DHS’s alternative procedure, and employers must meet specific requirements, including:

• Participation in E-Verify and being in good standing
• Conducting a live video interaction with the employee
• Retaining copies of documents
• Properly annotating the I-9 to reflect remote verification

Skipping any of these steps can invalidate the I-9.

In other words, remote verification is a compliance privilege—not a shortcut.

The Cost of Getting It Wrong Is Rising

DHS adjusts I-9 penalties annually for inflation, and the numbers add up quickly.

Paperwork violations currently range from hundreds to several thousand dollars per form, depending on the percentage of errors or missing information. Employers with widespread issues can see penalties multiply fast.

In recent enforcement actions, ICE has issued fines totaling well over $1 million in single audits.

And these penalties are not limited to bad actors. Many fines stem from:

• Missing signatures or dates
• Incorrect document information
• Late completion
• Failure to follow remote verification rules

When Was Your Last I-9 Audit?

If you can’t confidently answer that question, you’re already exposed.

An I-9 audit helps identify:

• Incorrect or outdated forms
• Technical errors that can be corrected
• Patterns that increase enforcement risk

Audits can often fix issues before ICE or DHS finds them.

The Bottom Line

I-9 compliance is no longer a “check-the-box” task. With new rules, higher fines, and increased enforcement, employers need to be proactive—not reactive.

If you haven’t reviewed your I-9 process recently, now is the time.

Because when it comes to I-9s, the cost of waiting is far higher than the cost of getting it right.