New Form I-9: What employers must know in 2025 to stay compliant

In August 2024, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, the Employment Eligibility Verification form, which all U.S. employers must use to verify the identity and work authorization of new hires. This updated form, valid through May 31, 2027, includes streamlined instructions, a condensed layout and clearer guidance on antidiscrimination practices, which all U.S. employers must exclusively use to verify identity and work authorization.

But beyond compliance with updated paperwork, the stakes for proper I-9 completion have never been higher. Under the current administration, immigration enforcement has intensified. Immigration and Customs Enforcement (ICE) has resumed aggressive worksite enforcement actions, including unannounced raids and audits, particularly targeting industries with historically high concentrations of undocumented labor — namely hospitality, agriculture and manufacturing.

According to recent guidance, ICE’s Homeland Security Investigations (HSI) unit is deploying advanced analytics and artificial intelligence (AI) tools to flag discrepancies in I-9 documentation. This means that even minor clerical errors — such as missing signatures or incomplete fields — can trigger audits and lead to steep fines. In 2025, penalties for I-9 violations have increased significantly, ranging from $2,861 per paperwork error to $28,619 per unauthorized worker for repeat offenses.

The new Form I-9 [1] was designed to help employers avoid these pitfalls and penalties. It emphasizes the importance of allowing employees to choose which documents to present from a list of acceptable documents that establish identity and employment authorization, such as a U.S. passport or permanent resident card, and prohibits employers from requesting specific forms of identification or making assumptions based on national origin or immigration status.

Employers must also ensure that Section 1 of the form is completed by the employee no later than their first day of work, and that Section 2 is completed within three business days of their start date.

For employers in high-risk sectors, the message is clear: Now is the time to audit your I-9 processes. Conduct internal reviews, train HR staff and ensure that remote hires are properly documented using authorized representatives. A proactive approach can help mitigate the risk of fines, operational disruption and reputational damage.

A helpful resource is the “Employers Guide to Handling Immigration Enforcement in the Workplace,” which outlines the differences between ICE audits and raids and provides step-by-step instructions for preparing your business.