As businesses and HR professionals know, employers are required to prove their employees are authorized to work in the United States by use of Form I-9. Derek Benner, acting executive director for ICE’s Homeland Security Investigations is reported as having stated that Form I-9 Audits by ICE will be increasing this summer.

USCIS published the newest version of Form I-9 on August 01, 2023, which became mandatory. The updated version contains a revision in the list of acceptable documents, renames the Office of Special Counsel to the “Immigrant and Employee Rights Section,” and clarifies a slight timing ambiguity found in the previous form. All employers should now be using the updated form. Starting Aug. 1, 2026, employers should use the Form I-9 version with the 05/31/2027 expiration date.

We have clients that have been subjected to ICE I-9 audits over the last few years. We strongly recommend that you take this time to have your I-9s reviewed to determine if your company is in compliance. Better that your legal advisors spot and correct problems with your I-9s than to have the problems first determined by ICE. If you would like your I-9 reviewed please contact us.

Source: https://www.uscis.gov/i-9