Form I-9 Compliance under the Second Trump Administration: What You Need to Know and Best Practices

What is Form I-9? 

Form I-9, officially known as the Employment Eligibility Verification Form, is a required document issued by U.S. Citizenship and Immigration Services (USCIS). It must be completed by all U.S. employers to verify the identity and work authorization of every new hire, including both U.S. citizens and foreign nationals. As a fundamental element of employment eligibility verification, Form I-9 plays a critical role in maintaining compliance with federal immigration and labor laws. 

The second Trump administration has ushered in a renewed emphasis on I-9 enforcement. Immigration and Customs Enforcement (ICE) has ramped up enforcement efforts, prioritizing aggressive worksite inspections and strengthening local collaboration through the 287(g) Program. In response, employers must adopt a more proactive and meticulous approach to I-9 compliance. 

How to Maintain I-9 Compliance  

In an era of increased regulatory scrutiny, Form I-9 compliance has become more essential than ever. For HR and mobility teams, staying informed about evolving requirements is key to avoiding costly penalties and ensuring business continuity. One of the most effective ways to achieve this is by conducting regular Form I-9 self-audits.  

What is an I-9 Internal Audit?  

I-9 audits are internal reviews that allow organizations to detect and correct issues early, demonstrate good-faith compliance and prepare for the possibility of a government inspection. A well-maintained I-9 program shows internal accountability and can be a critical asset if your organization faces an audit. 

To help employers navigate these evolving requirements with confidence, Envoy Global has compiled seven best practices for building a robust and compliant Form I-9 program.  

1. Always Use the Current Form Version 

Using an outdated form can result in compliance violations. As of now, the latest acceptable editions include: 

• Edition date: 01/20/2025 (active version) 
• Edition date: 08/01/2023, valid until 05/31/2027 
• Edition date: 08/01/2023, valid until 07/31/2026 

Tip: Employers using electronic I-9 systems should ensure the correct edition is integrated before the expiration cutoff. 

2. Ensure Section 1 Is Completed on or Before Day One 

Employees must complete Section 1 by the first day of employment, the official start date for wages or other compensation. However, they’re permitted to fill it out after accepting a job offer, giving employers some time for preparation. 

3. Complete Section 2 Promptly 

Per USCIS guidance, employers are required to complete and sign Section 2 of Form I-9 within three business days of an employee’s first day of work. For short-term roles lasting fewer than three days, Section 2 must be completed no later than the first day of employment. 

This timing requirement supports timely employment eligibility verification and minimizes the risk of unauthorized hiring.  

4. Retain Forms for the Required Timeframe 

Store each Form I-9 for three years after the date of hire or one year after the date of termination, whichever is later. Make forms, along with current payroll records, accessible for inspection by ICE upon request.  

5. Plan for Corporate Transactions and Changes  

During a merger or acquisition, employers must decide whether to: 

• Treat inherited employees as new hires and complete new I-9s, or 
• Retain existing I-9s from the previous entity 

Employers should coordinate this decision with their legal counsel and factor it into their due diligence processes.

Employers may consider how to keep I-9 records based on whether the transaction involves a merger or an acquisition, and if it’s an acquisition, which entity acquires the assets and liabilities.

6. Prepare for an I-9 Inspection

With federal enforcement efforts escalating under the second Trump administration, employers should be prepared for an unannounced Form I-9 inspection at any time. ICE may issue a Notice of Inspection (NOI), which is a formal notification that an employer’s Form I-9 records are being audited. Upon receipt, employers are typically required to provide the requested documentation within 72 hours. 

To respond effectively, organizations should maintain well-organized and up-to-date records. Commonly requested documents include: 

• All active and archived Form I-9s 
• A current payroll roster 
• Proof of E-Verify registration, if applicable 

Having a documented internal process and regularly reviewing your records can streamline response time and demonstrate good-faith compliance.  

Consider conducting mock audits or partnering with an immigration services provider like Envoy Global to identify and address issues before they escalate. 

7. Refer to the USCIS Handbook 

The USCIS Handbook for Employers (M-274) is the authority for employers managing I-9 compliance. The official guide offers detailed instructions on completing, storing, and updating Form I-9 for various employment scenarios, including reverification, remote work arrangements and organizational changes like mergers or acquisitions.  

I-9 Compliance with Envoy Global 

Given the pace of recent immigration policy shifts, having a trusted partner is essential. Envoy Global brings together smart, friendly legal teams and smart, friendly technology to make immigration easier for companies and for the global talent they rely on. 

Our platform simplifies employment verification by centralizing Form I-9 storage, managing document retention and keeping your records audit-ready. Paired with customized training and real-time support, we give organizations the tools they need to stay compliant and confident. 

As immigration oversight intensifies, a clear and well-structured compliance strategy is more essential than ever. Learn more about we can help you navigate uncertainty with compliance-driven tools, expert guidance and a people-first approach that empowers your workforce at every level.