We know there will be changes ahead with the Trump administration. Your inbox is full of speculation. If I had to put money on the most likely and fastest change to the workplace, it would be enforcement of immigration laws through I-9 requirements. Here is how that may play out:
Revocation of remote I-9 compliance: The Homeland Security Investigations team (HSI) has never supported remote Employment Eligibility Verification, which was brought on by the pandemic under the Biden administration. In person verification is favored and return to the old way very likely.
Joint Employment: Staffing agencies and contractors are a common way that undocumented workers enter the workplace. Holding employers as joint employers with these agencies is meant to discourage the practice of ignoring the influx of undocumented workers. The shield of a third party provider of employees will be gone.
Planned Increases in I-9 Audits: Before the COVID outbreak, the Trump administration had an ambitous goal of 6,000 workplace and I-9 audits per month among its 30 offices nationwide. HSI plans to return to those quotas.
Auditor Increase: To do all this work, many more auditors will need to be hired. While that is happening, HSI will outsource audit functions to keep pace with demand.
Electronic I9 Systems: HSI will be looking for defects in these programs provided by outside vendors.
HOW TO PREPARE:
Conduct an internal audit of your I-9 process and documentation. Find and fix problems before the feds do. It will be worth it. We have assisted clients for years with preventative practices and I-9 audits. Our fixed fee I-9 Audit Service is a great solution for a thorny problem. Not ready to commit to an audit but have questions? We can help there too. Contact us.