Immigration compliance: what employers need to know

Navigating employer immigration compliance has become increasingly complex as federal agencies continue to update Form I‑9 requirements, verification procedures and enforcement practices.

Employers must follow strict rules set by DHS, USCIS and ICE—ensuring accurate I‑9 completion, timely reverification, consistent onboarding processes and secure recordkeeping. At the same time, shifting state‑level mandates and evolving federal policies, including recent Form I‑9 revisions and updates to E‑Verify terminology, require HR teams to stay alert and continuously adapt internal procedures.

Key immigration compliance requirements for employers

Form I-9 completion and retention

Employers must complete Form I-9 for every employee within three business days of hire. This includes verifying identity and work authorization and ensuring documents match federal requirements. Forms must be retained securely and made available during I-9 inspections.

Tracking expiration dates

Many employee documents — such as Employment Authorization Documents (EADs), temporary work visas and certain identity documents — have expiration dates. Employers must track these dates and complete timely reverification without discriminating based on citizenship status or national origin. 

Consistent verification procedures

Employers must follow the same verification process for every new hire, regardless of background. Applying inconsistent procedures may violate anti-discrimination laws enforced by the Department of Justice’s Immigrant and Employee Rights (IER) Section. 

Internal audits and recordkeeping

Routine internal audits help HR teams identify errors, correct documentation and prepare for potential ICE Form I-9 audits and inspections. Proper record storage is essential to compliance. 

Recent updates to Form I-9 and E-Verify

Form I-9 requirements continue to evolve, and HR teams must keep pace with new editions and instructions. A recent update introduced a revised Form I-9 with an edition date of 01/20/25 and an expiration date of 05/31/2027. While previous editions currently remain valid, employers should integrate the updated form into their onboarding and verification workflows as soon as possible.

The latest changes include:

• updated language in the employee attestation section
• revised descriptions of certain List B documents
• an updated DHS Privacy Notice

Although these adjustments may appear minor, using an outdated form or failing to update electronic systems can create compliance gaps. 

E-Verify and E-Verify+ have also been updated to reflect the new terminology used on Form I-9. HR teams need to ensure that any electronic onboarding or verification platforms are aligned with the latest federal requirements. Staff responsible for employment eligibility verification should understand how the changes affect their day-to-day processes. 

Brightmine HR & Compliance Center helps HR quickly identify which I-9 editions are valid, understand implementation timelines and communicate changes to the teams that manage hiring and onboarding. 

How federal and state laws impact immigration compliance

While federal immigration law applies nationwide, several states impose additional requirements on employers. These may include: 

• Mandatory use of E-Verify for certain industries or government contractors 
• State-specific document retention requirements 
• Additional penalties for misclassification or employment of unauthorized workers 
• State enforcement actions through labor agencies or law enforcement 

HR teams must remain aware of how federal and state rules overlap to avoid compliance gaps. 

How immigration policy changes affect employers

Immigration policy continues to evolve, and even minor changes to federal forms, terminology or verification processes can have an immediate impact on hiring and onboarding. Updates to Form I-9, shifting definitions used in E-Verify and new pathways for work authorization all require HR teams to adjust workflows, training and communication. 

Recent policy updates, including the revised Form I-9, updates to List B document descriptions and the return to the term “alien authorized to work”, highlight how quickly requirements can change. Federal initiatives such as the newly announced Gold Card Program may also introduce additional verification or documentation steps once agencies issue implementation guidance. 

Because immigration compliance is highly regulated at both the federal and state levels, employers must stay aware of proposed rules, enforcement trends and legislative activity. Strong monitoring processes help HR respond quickly and maintain compliant practices across all locations. 

Best practices for strong immigration compliance

A proactive, well‑structured compliance program helps organizations avoid costly penalties, support lawful hiring and maintain confidence during audits or inspections.

Learn how to build a strong immigration compliance program