Employers across the United States are legally required to ensure their workforce is authorized to work in the country. Form I-9, officially known as the Employment Eligibility Verification form, is a critical part of this process. Properly completing Form I-9 for every employee—and securely storing and retaining these records—is essential. If you are contacted regarding an I-9 audit, staying calm and understanding the process can help protect your organization. This article will explain how to respond to a U.S. Citizenship and Immigration Services (USCIS) I-9 audit, how to prepare through internal audits, and how to properly correct any I-9 mistakes discovered along the way.

Understanding the I-9 Audit Process

When an employer faces an I-9 audit, it usually begins with a Notice of Inspection (NOI). This is an official notification stating that U.S. government officials will be reviewing the employer’s I-9 forms.

The NOI typically requires following information:

You will typically have three business days from receipt of the NOI to produce your I-9 forms and any other requested documentation. Although it may seem like a short timeline, the best defense is to have your records in order before the notice ever arrives.

Internal I-9 Audits

The most effective strategy for dealing with any government audit is proactive compliance. Conducting an internal I-9 audit before any official notice arrives will help you identify and correct mistakes in a lower-stakes environment.

Steps for an Internal I-9 Audit:

1. Gather all I-9 Forms
   Collect all I-9 forms for current employees, as well as those for former employees if still within the required retention period. By law, you must keep I-9 forms for as long as an individual is employed, and for either three years after the date of hire or one year after the date employment ends—whichever is later.
2. Use a Checklist
   Employ a standardized checklist to verify that each form has been completed properly. Look for missing signatures, incorrect dates, missing or expired documentation details, and other compliance red flags.

Section 1 Employee Information and Attestation	Check that the employee’s full name, address, and date of birth are filled in correctly and legibly.
	Ensure the employee checked the correct box indicating their citizenship or immigration status.
	If applicable, confirm that the Alien Registration Number/USCIS Number or Form I-94 Admission Number is provided and valid.
	Confirm the employee signed Section 1 and dated it on or before the first day of employment (or no later than the first day of work).
	If the employee used a preparer or translator, check that the “Preparer and/or Translator Certification” is completed, signed, and dated correctly.
Section 2 Employer or Authorized Representative Revie and Verification	Check that the document(s) provided (List A or List B and List C) are recorded correctly, including issuing authority, document title, document number, and expiration date (if any).
	Verify that the employer’s representative signed and dated Section 2 within three business days of the employee’s first day of work.
	Check that the certification includes the correct hire date.
	Make sure all required fields (employer business name, address, etc.) are filled in and legible.
Section 3: Reverification and Rehires (If Applicable)	For employees with expiring work authorization, ensure Section 3 was completed before their existing authorization expired.
	If rehired within three years of the original I-9, check if Section 3 was used or if a new Form I-9 was completed (both options can be correct, depending on the situation).

3. Document all Findings
As you conduct your internal audit, keep a written record of what you find. Note both the mistakes and the corrective actions taken. This documentation shows good-faith compliance efforts if you are later questioned by USCIS or ICE.

Common Errors on Form I-9

Mistakes on Form I-9 range from minor typographical errors to significant omissions of required information. The process for correcting these mistakes is outlined by USCIS, and it is crucial to follow the official guidance to avoid potential fines or sanctions. For more information, you can review USCIS’s official instructions on correcting Form I-9.

Correcting Errors on Form I-9

In general, the best course of action is to proceed with caution. There are rules governing who is permitted to correct certain errors, and the federal government expects employers to balance the need for I-9 correction with the potential burden it places on employees.

When planning your audit, and before attempting any corrections to forms, you should read the following guidance:

USCIS M-274 Handbook for Employers, Chapter 9

DHS and DOJ Joint Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits

While these resources may not answer all questions, they should be consulted carefully as you make decisions about how to prioritize and how to conduct re-verifications, curing omissions of information, and other types of corrections that frequently come up during internal audits.

Conclusion

Preparing for and responding to a USCIS (or ICE) I-9 audit can feel daunting, but it becomes significantly more manageable with a robust internal compliance program. Conducting periodic internal audits, correcting errors following official USCIS guidelines, and organizing your documentation go a long way toward minimizing liabilities.