By Hector A. Chichoni, Esq. and Laura Barbieri
In today’s hiring landscape, immigration compliance is inseparable from core HR functions, recruiting, onboarding, recordkeeping, and vendor management, all under increasing government scrutiny. Organizations that embed compliance into everyday operations, led by HR and guided by counsel, reduce legal exposure, avoid operational disruption, and protect their reputations. Systematized processes, disciplined documentation, targeted training, and proactive auditing are the pillars of a resilient program that can withstand audits and investigations.
Compliance is not just a checklist; it’s a culture. Leadership must demonstrate commitment, integrate immigration considerations into enterprise risk assessments, and ensure non-discrimination is baked into practices. Done well, this approach reduces disruption, mitigates penalties, which can exceed $28,000 per violation for repeat offenses, and fosters a secure, compliant workforce. HR teams are natural stewards of that culture: modeling integrity, educating on the “why,” normalizing audits and self-corrections, creating accountability, and integrating compliance from onboarding through offboarding. Organizations that do this stop treating I-9 compliance as box-checking and instead as part of operational excellence.
Employers should focus on the core risk areas: the I-9 lifecycle, E-Verify (where used), non-discrimination in hiring and reverification, sponsorship governance, H-1B Public Access File (PAF) and Labor Condition Application (LCA) compliance, record retention, vendor and joint-employer exposure, remote/multi-state workforce considerations, and data privacy and security.
Practical strategies to strengthen compliance include:
- Centralize and standardize processes. Adopt uniform SOPs for I-9 and reverification with clear roles and escalation paths. Use standardized checklists for new hires, remote hires, transfers, and rehires. Implement a centralized sponsorship policy with eligibility criteria, budgeting, and approval gates.
- Fortify I-9 lifecycle controls. Use electronic systems with audit trails and reminders, enforce day 1/3 completion timelines, maintain a reverification calendar, and apply secondary review for higher-risk transactions like corrections or remote verifications.
- Manage E-Verify responsibly. Enroll covered worksites, open cases timely, handle Tentative Nonconfirmations without adverse action, document outcomes, and train staff on non-discrimination obligations and employee rights communications.
- Embed non-discrimination controls. Prohibit document abuse, apply neutral hiring and reverification practices regardless of citizenship or national origin, and keep sponsorship eligibility policies separate from I-9 verification.
- Govern sponsorship programs. Clarify roles among HR, Legal, and managers; track status/expiration dates with redundant calendaring; monitor TPS and Parole work authorization rules; and rigorously maintain H-1B PAFs and PERM records with process integrity.
- Address remote and multi-jurisdictional realities. Implement compliant remote I-9 methods, align LCA and prevailing wage with actual worksites (including home offices), and update postings and wages when locations change.
- Control vendor and contingent workforce risk. Use agreements with compliance representations, audit rights, indemnities [to be determined], and data protection clauses; assess joint-employer triggers; and monitor staffing vendors for TNC handling and accurate LCA worksites.
Audit readiness is a daily obligation, not a one-time scramble. Maintain I-9 files with clear structure and an index, keep H-1B PAFs organized by employee and worksite, and preserve sponsorship files with checklists. Conduct periodic I-9 self-audits with documented protocols, review E-Verify timeliness and closure codes, validate LCA-job-wage-worksite alignment, and remediate issues with compliant, dated corrections.
Establish a response plan before a notice arrives. Designate a single point of contact; set a protocol for intake, preservation holds, scope review, counsel engagement, and production; train front-desk and HR teams to receive and triage notices; and prepare template communications for employees facing TNCs, audits, or site visits. Maintain a legal retention schedule with hold moratoria, keep a production log, and segregate privileged materials through counsel.
Operational excellence requires disciplined HR readiness: quarterly I-9 audits or representative sampling, cross-functional reviews, written correction procedures, formal audit reports, location-level risk assessments (including surprise audits where appropriate), and continuous training with certification for I-9 verifiers. Leverage dual reviews for sensitive I-9s, pre-audit checklists, weekly HRIS/ATS validation, dashboards and scorecards to track KPIs, and annual mock audits to align roles during inspections.
Documentation, training, and communication close the loop. Maintain current SOPs and desk guides, version-controlled templates, compliant H-1B PAF components, centralized trackers for expirations and postings, and role-based access controls. Deliver role-based, annual training, including non-discrimination, reverification timing, and E-Verify TNC procedures, and use simulations for site-visit readiness, tracking attendance and re-certification after changes. Publish clear policies on intranet, provide employees concise I-9 guidance and TNC rights, notify sponsored employees about expirations and job-change impacts, and establish escalation channels to Legal.
The payoff is real: an HR-led, counsel-supported framework, grounded in documented processes, training, governance, and proactive auditing, meets legal obligations while reducing enforcement risk and operational disruption. By institutionalizing controls across the employee lifecycle and preparing for audits before they occur, employers protect both the organization and its workforce while upholding legal and ethical standards.
