What Employers Are Getting Wrong About I‑9s (and What to Do Instead)

If you’ve ever treated the I‑9 like a simple onboarding checkbox, you’re not alone, but that mindset is where a lot of companies get into trouble.

Form I‑9 is the federal government’s way of verifying that every employee you hire is authorized to work in the United States. Straightforward in theory. In practice, it’s one of the most commonly mishandled HR processes we see.

A Quick Refresher: What The I‑9 Actually Is

The I‑9 is required for every employee hired in the U.S., citizens and non-citizens alike. It’s completed in two parts:

Section 1: The employee fills this out no later than their first day of employment

Section 2: The employer reviews documentation and completes this within three business days of the employee’s first day of employment

“You’d be surprised how often companies get the timing wrong,” says Cassandra Wilson, Director of Human Resources at Beaird Group. “Backdating or completing documents outside the allowed window, even with good intentions, can create compliance risk.”

This isn’t just paperwork. Employers are certifying that they have reviewed original, valid identity and work authorization documents. There’s legal accountability tied to that signature.

Why It’s More Important Than It Looks

I‑9 compliance tends to sit quietly in the background, until it doesn’t. Audits are increasing, and penalties can add up fast.

Fines can be issued for:

• Missing forms

• Incomplete or inaccurate information

• Late completion

• Failure to properly reverify when required

These aren’t hypothetical risks. “Organizations that have technically ‘done’ their I-9s can still face significant penalties because of small, repeated errors,” Cassandra explains. “It’s about consistency and documentation quality, not just having something on file.”

There’s also a reputational component. If your organization is audited and found noncompliant, it can raise broader questions about governance and internal controls, especially for companies in regulated industries or those pursuing growth, funding, or acquisition.

What’s Changed Recently

If your current process hasn’t been revisited in the last couple of years, it’s probably outdated.

Here are the key updates worth knowing:

1. A redesigned Form I-9 (2025 edition)

While the changes were relatively minor, they still matter. Wording differences and outdated forms can create compliance issues, especially during an audit.

2. Remote verification options (with conditions)

During the pandemic, remote document inspection was temporarily allowed. That flexibility has now shifted into a more formal but limited option.

Employers enrolled and in good standing with E‑Verify can use a remote verification process instead of physically examining documents. However, this comes with specific requirements, including retaining copies of documents and following a structured review workflow.

It’s also important to note that the original COVID-era flexibility came with a follow-up obligation. Employers who completed virtual I‑9 inspections between 2020 and July 2023 were later required to conduct an in-person physical inspection and update those forms once the temporary allowance ended. In practice, that meant many employees needed to be reverified.

“Some organizations assumed remote verification was universally allowed now. It’s not,” Cassandra notes. “Eligibility depends on your E‑Verify participation and whether you follow the additional steps correctly. We’re also seeing gaps where companies never completed the required in-person follow-up after the temporary flexibility expired.”

3. Increased scrutiny on document practices

There’s growing attention on consistency, specifically around how documents are reviewed and recorded. Overdocumentation, asking for more documents than required, can be just as problematic as underdocumentation.

Where Companies Tend To Trip Up

Across industries, we see a few common patterns:

• Decentralized hiring: Multiple locations or managers completing I‑9s differently

• Lack of training: HR teams know the rules, but hiring managers don’t

• Missed reverifications: Work authorizations expire and aren’t properly tracked

• Audit gaps: No regular internal review or cleanup process

“Most issues aren’t intentional,” Cassandra says. “They come from inconsistency. The process isn’t owned clearly, or it hasn’t evolved with regulatory updates.”

What a Strong I‑9 Process Looks Like

Done well, I‑9 compliance isn’t burdensome, it’s structured.

A few guardrails we recommend:

• Standardize the process across locations and teams

• Train anyone involved in hiring, not just HR

• Use a centralized system (even if it’s not fully automated)

• Schedule periodic internal audits to catch issues early

• Document your methodology so you can show consistency in an audit

Importantly, fix mistakes correctly. There are specific ways to correct errors without creating additional risk.

How we can help

At Beaird Group, we regularly support clients with I‑9 reviews, process design, and remediation, especially for teams dealing with multi-location hiring or rapid growth. That support can look like a light-touch review to identify gaps, or a more hands-on overhaul of systems and training. It depends on what you need.

“We’re not here to over-engineer the process,” Cassandra says. “We want to make sure the process is clear, repeatable, and supported well enough to hold up under review.”

If you’re unsure where your current process stands, let’s talk. We’re always happy to take a look and offer straightforward guidance.