Immigration reform was a cornerstone of President Trump’s 2024 campaign. Eight months into the Administration, immigration enforcement continues to dominate the headlines. A growing number of states are requiring certain employers to use E-Verify.
Employers, particularly federal contractors, and recipients of federal financial assistance, who have not conducted a recent I-9 audit or are not currently using E-Verify, should consider reviewing their organization’s compliance with I-9 requirements.
Tips for Conducting an I-9 Audit
(1) Confirm that every employee has a Form I-9 on file. Any employee who does not have an I-9 must complete the form as soon as possible.
(2) Verify that all current employees completed Section 1 of the Form I-9 no later than their first day of employment. If the form is dated after the first day note the reason for the delay directly on the form. Add the date the change was made and the initials of the person making the change.
(3) Review every Form I-9 for completeness and accuracy. Common errors include:
Employees:
- did not provide other last names used
- selected the status “A Lawful Permanent Resident” but did not provide their A-Number/USCIS Number
- selected the status “An alien Authorized to Work Until” but did not provide their A-Number/USCIC Number or Form I-94 number
- did not sign or date the I-9
- A translator or other person assisted the employee with completing the I-9, but did not provide all of the information requested in the Preparer/Translator Certification section
- Employer did not:
- use the most current I-9 Form
- complete Section 2 by the third business day after the employee’s first day of employment
- enter the document title, issuing authority, number or expiration date for the documentation presented
- sign, date, or provide their job title in the certification section
Correcting Errors or Omissions on an I-9
Corrections to technical errors may be made directly on the form. Simply cross out the incorrect information and insert the correct response. Similarly, missing information may be added directly on the I-9 form. However, all edits and additions must be initialed and dated by the employee and employer.
If a current employee does not have a completed I-9 on file, the employer must require the employee to complete the form as soon as possible and include a memo to the file explaining that the employer became aware that the form was missing during a routine audit and the error was corrected.
Employers Required to Use E-Verify
E-Verify allows employers to electronically verify an employee’s eligibility to work in the United States. Participation in E-Verify is mandatory for federal contractors as well as private employers in certain states.
| State | Private Employers Required to Use E-Verify |
| Alabama | An employer that has 25 or fewer employees may either use: (1) Alabama Department of Homeland Security; or (2) E-Verify to confirm employees’ eligibility to work in United States. An employer that has more than 25 employees must enroll with E-Verify to perform all employment verifications. |
| Arizona | All employers, including state contractors and self-employed persons. |
| Florida | Employers with 25 or more employees performing services in the state, as well as all public employers, contractors, and subcontractors. |
| Georgia | Private employers with more than 10 employees, all public employers, and contractors and subcontractors with contracts for public services. |
| Idaho | All entities contracting with state agencies and their subcontractors. |
| Indiana | All entities contracting with state agencies. |
| Louisiana | All employers and contractors/ subcontractors performing work on public contracts. |
| Michigan | Contractors performing work on specific contracts will be required to use E-Verify. |
| Minnesota | All state vendors and subcontractors with a contract valued in excess of $50,000. |
| Mississippi | All employers, contractors, and subcontractors. |
| Missouri | All employers with a contract or grant with the state in excess of $5,000 or receiving a state-administered tax credit, abatement, or loan. |
| Nebraska | All state contractors. |
| North Carolina | Private employers with 25 or more employees in North Carolina and certain contractors. |
| Oklahoma | All contractors and subcontractors. |
| Pennsylvania | Construction and Public Works contractors. |
| South Carolina | All private employers required by federal law and all contractors and subcontractors awarded a public contract. |
| Tennessee | Private employers with at least 35 employees. |
| Texas | All Institutions of Higher Education and any contractors identified by the Governor. |
| Utah | All private employers with 150 or more employees and certain states contractors. |
| Virginia | All state contractors with more than 50 employees on average for the previous 12 months and a state contract in excess of $50,000. |
| West Virginia | Certain service providers regularly working on the grounds of the State Capital. |
Given the current focus on immigration, employers, who have not recently completed an I-9 audit, should consider doing so. As part of the audit, determine whether the organization is required to use E-Verify, and if it is, confirm that your organization is enrolled.
Should you have questions regarding I-9 compliance, please contact PintoBrown.
