05/12/2026
EMPLOYERS TAKE NOTICE - ON CHANGES TO I9 FORM REQUIRED OF ALL EMPLOYEES -Recently, Immigration and Customs Enforcement (ICE) made unannounced changes to their Form I-9 Inspection guidance. Employers are now required to verify the identity and employment authorization for all employees through the completion of the Form I-9 Employment Eligibility Verification. Pursuant to the Immigration and Nationality Act and as outlined in 8 U.S. Code §1324a, employers can be subject to inspection of I-9 materials to verify compliance.
ICE is now authorized to issue a Notice of Inspection to an employer requesting that they produce I-9s for inspection by Homeland Security Investigations (HSI) In order to conduct compliance investigations. As a result, I-9s must be maintained for all current employees and for former employees for THREE YEARS (3 yrs) from their first date of employment, or ONE YEAR (1 Yr) from their termination, whichever is longer. The Notice may also request that additional documents be made available to HSI, including payroll and employee lists.
U.S. Immigration and Customs Enforcement (ICE) has tightened how it reviews Form I‑9 paperwork, a change that could significantly increase compliance risk for employers.
