I-9 and E-Verify Compliance & Process Updates as of July 2025
Here’s What We’ll Cover:
The Importance of Form I-9 & Common Compliance Pitfalls: Understand what the Form I-9 is, when it must be completed, how to avoid common mistakes.
How E-Verify Works & Why It Matters: Learn what E-Verify is, when it’s used, and how new updates can impact your compliance responsibilities.
Why Regular I-9 Audits Are Critical: Discover why conducting annual I-9 audits is essential to reducing risk, catching errors, and ensuring all documentation is properly completed, stored, and up to date.
Whether you're an experienced employer or just beginning to build your team, understanding your legal obligations regarding employment eligibility verification is essential. Two key components of compliance in the US are Form I-9 and the E-Verify process. If you’re not using both correctly (or at all), you could be putting your business and employees at risk, especially with the growing emphasis on immigration enforcement and audits.
What Is Form I-9?
Form I-9, also known as the Employment Eligibility Verification form, is mandated by federal law for all US employers, regardless of their industry or size. This means that when hiring your very first employee, they must participate in the I-9 process, and it is the employer's responsibility to ensure that these forms are completed and stored correctly. The form verifies the identity and work authorization of every employee hired to work in the US.
Key Facts:
I-9’s must be completed within three business days of an employees hire date. If the form is not completed by the end of that period, your business can be considered out of compliance and may risk failing an I-9 audit. If you find yourself in this situation, Rising Tide HR can assist you in understanding your options and getting back on track.
Employers must examine a variety of approved documents (e.g., passport, green card, driver's license, and SSN card) that verify identity and work authorization. It is essential to verify which approved documents meet the requirements of this process.
Both the employee and employer must complete specific sections. One of the most common mistakes we see during I-9 audits is a completed employee section with the employer section left blank. This simple oversight can easily lead to non-compliance.
Employers must retain the form for either 3 years after the hire date or 1 year after employment ends, whichever is later.
What Is E-Verify & How Does It Impact the I-9 Form Process?
E-Verify is an online system managed by the US Department of Homeland Security (DHS) and the Social Security Administration (SSA). It enables employers to electronically confirm whether a new hire is legally authorized to work in the US during the I-9 process. E-Verify is most commonly used for electronically verifying an I-9 Form for remote employees, rather than handling the process in person. E-Verify is not required, only optional, to be used when completing an I-9 in person.
UPDATE 7/15/25: Revoked EADs & E-Verify Status Report
As of July 15, 2025, the E-Verify Status Change Report has been updated to include a new field: "Revoked Document Number." This addition assists employers in identifying whether any of their E-Verify cases were submitted using an Employment Authorization Document (EAD) that has since been revoked by the Department of Homeland Security (DHS).
If you identify a revoked EAD:
You must reverify the employee using Supplement B of the current Form I-9.
The employee must provide a different, valid List A or List C document.
Failure to reverify could lead to compliance violations and penalties.
Rising Tide HR’s Recommendation to Conduct Annual I-9 Audits
Many companies believe they’re compliant simply because they’ve completed I-9s, but the team at Rising Tide HR often finds significant gaps during audits (no judgment here, but let us help you correct them)!
We recommend conducting internal I-9 audits at least once a year, or every three years at a minimum, to ensure full compliance and mitigate risks. An effective audit verifies that every active employee has a complete and accurate Form I-9 on file. It also ensures that any necessary verifications, such as expiring documents such as work permits, are appropriately tracked and addressed. Additionally, all documentation must be securely stored in accordance with federal requirements.
Need Help Navigating HR & Employee Compliance?
At Rising Tide HR, we're excited to partner with all types of companies to simplify HR compliance! Whether you're tackling I-9 audits, seeking hands-on E-Verify support, or want to streamline your hiring files, our dedicated team is here to help. We stay on top of evolving labor laws, making compliance straightforward and hassle-free. Let’s work together to keep your business thriving! Reach out to us today!
