increased scrutiny of Form I-9

Increased Scrutiny of Form I-9 Employment Eligibility Verification Expected in 2025 Under New Administration

Maggio Kattar

As the new administration takes office in 2025, increased scrutiny and enforcement of Form I-9, Employment Eligibility Verification, is expected. This form, required for all employers to verify the identity and employment authorization of individuals working in the United States, will likely be a key focus for federal agencies under stricter immigration enforcement policies.

How should employers prepare for increased scrutiny of Form I-9 compliance?

Employers should prepare for more frequent audits and inspections of I-9 forms and supporting documentation. The U.S. Department of Homeland Security (DHS), which oversees I-9 compliance, is expected to intensify efforts to enforce existing laws. This may lead to increased risk of penalties for non-compliance, highlighting the importance of proper I-9 procedures, regular internal audits, and timely updates to employment authorization information.

In addition, changes to immigration benefits enacted through executive action by prior administrations —such as the potential elimination of work authorization for certain groups, including H-4 spouses, F-1 students with qualifying STEM degrees, DACA recipients, and TPS beneficiaries—could significantly impact the work eligibility of employees. Employers must stay informed about the status of their employees’ work authorization to ensure compliance with Form I-9 requirements.

To mitigate risk, employers should regularly review and update Form I-9 records and ensure they are prepared to handle potential audits.

In summary, with heightened immigration enforcement expected by the new administration, businesses should expect more frequent audits and stricter compliance expectations for Form I-9 documentation. Changes to immigration benefits could impact work authorization for many foreign nationals, making it critical for employers to remain vigilant and proactive.

Should you have any questions, please reach out to your Maggio Kattar attorney or contact us here.