{"id":17402,"date":"2026-08-26T15:46:50","date_gmt":"2026-08-26T20:46:50","guid":{"rendered":"https:\/\/www.brightmine.com\/us\/?post_type=resources&p=17402"},"modified":"2026-09-10T15:47:14","modified_gmt":"2026-09-10T20:47:14","slug":"navigating-form-i-9-compliance-challenges-your-questions-answered","status":"publish","type":"resources","link":"https:\/\/www.brightmine.com\/us\/resources\/hr-compliance\/immigration\/navigating-form-i-9-compliance-challenges-your-questions-answered\/","title":{"rendered":"Navigating Form I-9 compliance challenges: Your questions answered"},"content":{"rendered":"\n
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by Taylor Lewellyn, JD<\/strong>, Brightmine Legal Editor<\/p>\n<\/div>\n\n\n\n

In recent months, US Immigration and Customs Enforcement (ICE) has sharpened its focus on work authorization- and Form I-9-related enforcement, including escalating the volume of I-9 audits, expanding its interpretation of what constitutes technical versus substantive violations and tightening its scrutiny of employer documentation practices. These changes present employers with significant risk exposure and highlight the need for HR professionals to refine their employment eligibility verification processes.<\/p>\n\n\n\n

During the recent Brightmine webinar, The Next Wave of Immigration Compliance – Preparing for Increased Enforcement<\/em><\/a>, attendees raised practical questions about how to address I-9-related compliance challenges and understand the increased enforcement activity. Below, we answer some of the most common questions from the session and discuss key considerations for employers verifying and reverifying employees, maintaining compliant records and correcting past I-9 noncompliance.<\/p>\n\n\n\n

Q: If an employee does not have Section 1 of the Form I-9 filled out by the end of their first working day, can you prohibit them from working until it is completed or dismiss them from employment?<\/h2>\n\n\n\n

Yes. If an employee does not complete Section 1 of the I-9 by the end of their first day of employment (the actual commencement of employment of an employee for wages or other remuneration, referred to as date of hire in the Department of Homeland Security regulations), they must not be permitted to work until the deficiency is corrected. If the employee still fails to complete Section 1 despite being given the opportunity to do so, termination is generally permissible because the employee has not satisfied a condition of employment required by federal law. However, an employer must apply its termination policy uniformly to all employees to avoid discrimination concerns under the I-9 rules.<\/p>\n\n\n\n

In addition, if the employee fails to present acceptable identity and employment eligibility documentation \u2014 or an acceptable receipt for a document \u2014 within three business days of their date of hire, the employer must terminate their employment. <\/p>\n\n\n\n

Q: Does an employer have to retain copies of the original documents after review?<\/h2>\n\n\n\n

An employer may, but is not required to, copy an employee’s documents. However, the employer is not relieved of its responsibility to complete the Form I-9 simply by attaching copies of documents.<\/p>\n\n\n\n

If it is the policy of the employer to copy the documents presented during the I-9 process, the policy should be applied uniformly and consistently with all employees. Only copying documents of employees of certain nationalities or citizenship may be an unfair immigration related employment practice. <\/p>\n\n\n\n

Although most employers are not required to make copies of an employee’s Form I-9 documents, E-Verify employers are required to retain a copy of the following documents with the Form I-9 if submitted by the employee:<\/p>\n\n\n\n