The I-9 Audit Checklist: How to Prepare Before You Get the Notice

A practical, HR-friendly guide to protecting your team, your company, and your visa employees—before ICE ever shows up.

Why HR Needs to Be Proactive About I-9 Audits

The I-9 form may seem like just another onboarding task, but it’s one of the few compliance documents that can trigger real fines, real stress, and real consequences—especially for companies that sponsor foreign nationals.

Since 2023, U.S. Immigration and Customs Enforcement (ICE) has resumed in-person audits and increased scrutiny of I-9 records. Many companies are caught off guard—not because they’re intentionally noncompliant, but because no one thought to double-check the basics.

If you haven’t looked at your I-9s since onboarding—or if multiple people have touched the process over time—this article is for you. Consider this your go-to I-9 audit checklist to help you prepare before you get a Notice of Inspection.

The HR Leader’s I-9 Audit Checklist

Use this I-9 audit checklist to get ahead of ICE before they ever show up:

✅ Section 1: Employee Info (Completed by Day 1 of Work)

• Is the form filled out completely with no missing fields?

• Does the date of hire match your HRIS?

• Was the form signed and dated on the employee’s first day?

✅ Section 2: Employer Verification (Completed by Day 3 of Work)

• Were the original documents reviewed in-person (or via an approved remote process)?

• Are the document titles and expiration dates listed correctly?

• Was the form signed and dated no later than day 3?

✅ Section 3: Reverification (Only for expiring work authorizations)

• Do you track visa expiration dates?

• Have work-authorized visa holders (like F-1, H-1B, etc.) been reverified on time?

• Did you complete Section 3 before the prior work authorization expired?

✅ General Maintenance

• Are all forms stored in a central, secure location?

• Can you produce all I-9s within 3 business days of a request?

• Have you separated current and former employee forms?

Special Tips for Foreign National Employees

Visa holders bring extra risk during an I-9 audit—not because they’re less compliant, but because their documentation is more complex.

Common mistakes to avoid:

• Listing a “green card” number before it’s actually approved

• Using F-1 documents without confirming STEM OPT or cap-gap validity

• Forgetting to reverify H-1B extensions or TN renewals

💡 Tip: Create a calendar of work authorization dates and review them quarterly. WayLit clients receive automatic reminders before reverification is due.

Final Thoughts: Audit Yourself Before ICE Does

I-9 audits don’t have to be scary. But they do require proactive effort—especially if your team handles immigration.

Build a rhythm. Set reminders. Double-check your records. Use this I-9 audit checklist to get a jumpstart. And if you don’t have capacity, bring in help before you’re under a microscope.

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Content in this publication is not intended as legal advice, nor should it be relied on as such. For additional information on the issues discussed, consult a WayLit-affiliated attorney or another qualified professional.