The Trump administration’s ongoing enforcement of stricter immigration policies has major implications for the care at home industry, where nearly one in three employees is an immigrant. With this increased governmental scrutiny, it is now more crucial than ever for care at home employers to maintain accurate and up-to-date employment eligibility documentation for all employees.
The U.S. Citizenship and Immigration Services (USCIS) issued a new version of Form I-9, Employment Eligibility Verification, on April 2, 2025, with an edition date of January 20, 2025, and an expiration date of May 31, 2027. Form I-9 is a federal document used to verify the identity and employment authorization of individuals hired to work in the United States. All U.S. employers must properly complete Form I-9 for every individual they hire for employment, regardless of the individual’s citizenship status. Employers must use the latest version of Form I-9 to avoid penalties.
Axxess Senior Vice President of Professional Services Arlene Maxim, RN, HCS-C, provided the following summary of changes and expert insights to help care at home organizations comply with Form I-9 requirements.
“Right now, I am most concerned that with the current climate surrounding immigration, there will be more intense scrutiny,” Maxim said. “I also believe audits might arise from the U.S. Department of Homeland Security or other groups for random checks. It’s essential to stay ahead of these potential audits by maintaining accurate and up-to-date Form I-9 records.”
Summary of the Changes
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Simplified Design and Instructions: The new form contains a simplified design for easier completion, and the instructions have been condensed from 15 pages to eight.
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Removal of Section 3: Section 3 has been removed from the main form. Assistance from a translator is now documented in Supplement A (Preparer/Translator Certification), and reverification or rehiring of an employee is now documented in Supplement B (Reverification and Rehire).
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Language Updates: The fourth option in the citizenship or immigration status attestation section has been changed from “A noncitizen authorized to work” to “An alien authorized to work,” and E-Verify systems have been updated to match.
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Updated Privacy Notice: The new form includes a revised Department of Homeland Security Privacy Notice.
Tips for Form I-9 Compliance
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Train HR staff and hiring managers.
Maxim urges organizations to train HR and hiring staff on the latest version of Form I-9 and the importance of thoroughness in completing the form.
“Everything on the form must be completed,” Maxim said. “I have seen survey citations over and over again based on incompleteness. Many sections of the form require a physical ‘eyes-on’ inspection of the documents provided by the employee to ensure their authenticity and validity.”
Train HR/hiring staff to visually inspect documents for signs of tampering or forgery and how to properly correct errors on the I-9 form. Incorrect information should be struck out, corrections should be written in, and the changes should be dated and initialed by the person making the correction.
Other important requirements to ensure HR/hiring staff understand include:
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- Organizations must ensure Form I-9 is completed within three business days of a new hire’s start date.
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- Organizations must retain completed forms for three years after hire or one year after employment ends, whichever is later.
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- Organizations must store I-9 forms separately from personnel files.
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Maintain organized and secure storage.
To comply with Form I-9 storage requirements, Maxim recommends keeping a designated Form I-9 binder in the administrator’s office.
“I recommend organizations keep these forms in a three-ring binder that’s alphabetized by employee name and kept in the administrator’s office,” Maxim said. “This ensures hard copies remain secure and readily accessible should a surveyor or auditor show up unexpectedly.”
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Conduct internal audits.
Regular internal audits of I-9 records are essential to identify and correct any errors before they are discovered by external auditors.
“Internal audits are a proactive way to ensure compliance and maintain the integrity of your employment verification process,” Maxim said. “Regularly reviewing I-9 forms helps organizations avoid costly citations and legal issues.”
During these audits, HR/hiring staff should verify that all Form I-9 sections are completed accurately, check for any missing or outdated documents, and ensure all corrections are properly documented and initialed.
Axxess provides the consultation and resources you need to navigate complex compliance requirements, ensuring you can focus on what matters most – delivering exceptional patient care.
