Employer Immigration Compliance In 2026 – Best Practices And Risk Mitigation

You need only turn on the daily news to know that immigration compliance is a critical risk area for employers of all sizes.

Employers face exposure on multiple fronts if they fail to properly comply with the immigration verification requirements, such as completing and retaining accurate Forms I-9 and complying with applicable E-Verify requirements. Even well-intentioned employers can face substantial civil penalties for technical violations. A proactive approach to immigration and Form I-9 compliance is an essential component of corporate risk management.

All U.S. employers must complete and retain a Form I-9 for every employee hired after November 6, 1986. The purpose of the form is to verify: (1) the employe's identity; and (2) the employee's authorization to work in the United States. Federal law requires employers to timely and properly complete, retain, and update Forms I-9. The following are some of the most common, avoidable compliance errors: