How often should an employer audit its I-9s?

At least once a year, and after an acquisition, a period of rapid hiring or a change in HR systems. An audit directed by counsel helps keep the findings privileged.

What are the penalties for I-9 violations?

I-9 paperwork violations currently carry civil fines of $288 to $2,861 per form, and knowingly hiring or continuing to employ an unauthorized worker carries $716 to $5,724 per worker for a first offense, rising to $8,586 to $28,619 for a third or later offense. These are the 2025 inflation adjusted amounts, which remain in effect in 2026 because the federal government made no 2026 adjustment, and ICE sets the actual fine within each range using the error rate and five statutory factors.

When does work authorization end if my EAD renewal is still pending?

It depends on your category and when you filed. If your work authorization depends on the EAD, it generally ends on the card's expiration date unless the renewal is approved first, for renewals filed on or after October 30, 2025. People authorized to work incident to their status, such as refugees, granted asylees and E and L spouses, keep that authorization even when the card expires. Earlier filings and extensions provided by law or by TPS notice follow their own rules.

I-9 Compliance Policy

A company policy for completing, keeping and correcting Form I-9 the same way for every employee.

What it is

A written I-9 policy tells everyone who touches the form what to do and what never to do. This template covers who may complete Section 2, the timing of each section, copies of documents, remote examination, reverification, Employment Authorization Documents, retention, internal audits and the penalty ranges in effect for 2026. Lidice Samper reviewed it, and the company's own choices are left as fill-ins.

Who it helps

HR teams that complete Form I-9 at more than one location
General Counsel who want one written standard in place before an audit
Companies with employees who work on an Employment Authorization Document

What is inside

Twelve sections, from responsibility to training
Rules for completing, correcting and retaining the form
The steps of an internal audit, and what never to do
An editable Word file with the company's choices marked in brackets

This tool is part of Samper Law Insider. Access is free with a work email, and one registration opens every tool.

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Frequently asked questions

How often should an employer audit its I-9s?
At least once a year, and after an acquisition, a period of rapid hiring or a change in HR systems. An audit directed by counsel helps keep the findings privileged.
Accurate as of November 12, 2026 | From Frequently Asked Questions
What are the penalties for I-9 violations?
I-9 paperwork violations currently carry civil fines of $288 to $2,861 per form, and knowingly hiring or continuing to employ an unauthorized worker carries $716 to $5,724 per worker for a first offense, rising to $8,586 to $28,619 for a third or later offense. These are the 2025 inflation adjusted amounts, which remain in effect in 2026 because the federal government made no 2026 adjustment, and ICE sets the actual fine within each range using the error rate and five statutory factors.
Accurate as of September 25, 2026 | From I-9 Fines in 2026: Penalty Ranges and How a Self Audit Reduces Exposure
When does work authorization end if my EAD renewal is still pending?
It depends on your category and when you filed. If your work authorization depends on the EAD, it generally ends on the card's expiration date unless the renewal is approved first, for renewals filed on or after October 30, 2025. People authorized to work incident to their status, such as refugees, granted asylees and E and L spouses, keep that authorization even when the card expires. Earlier filings and extensions provided by law or by TPS notice follow their own rules.
Accurate as of October 19, 2026 | From DHS Made the End of Automatic EAD Extensions Final. The Argument That Won in Court Just Got Harder.

General information, not legal advice. The template must be adapted with counsel before a company adopts it. Registering or using it does not create an attorney-client relationship.