For many HR and compliance leaders, the past year has been a lesson in volatility across the I-9 and E-Verify landscape. The speculation that defined early 2025 has given way to a more dynamic environment where the risks of I-9 errors and potential liability are increasingly tangible. From the return of visible worksite enforcement to the dismantling of several immigration programs, the I-9 challenges facing employers have compounded.
Federal agencies have signaled through both policy changes and field activity that employer accountability for lawful hiring remains a priority. Organizations across the U.S. have seen the return of Form I-9 inspections, the termination of humanitarian programs providing work authorization, and the end of automatic Employment Authorization Document (EAD) extensions that had helped many workers and employers.
Complicating matters further, the verification landscape is becoming more stratified at the state level. While state-specific E-Verify requirements have existed for years, employers are now seeing an acceleration of mandates that challenge the goal of a uniform onboarding process.
The Return of ICE Worksite Enforcement
In 2025, I-9-related worksite enforcement regained visibility and scale, as U.S. Immigration and Customs Enforcement (ICE) conducted operations across multiple industries, including construction, manufacturing, food processing, hospitality, and agriculture to name a few. Among the most visible actions was a worksite operation at the construction site of a battery plant in Georgia, which ICE described as the largest single-site enforcement action in agency history.
These actions were not confined to a single industry or region. Coordinated inspections occurred across multiple states, and in several cases I-9 audits served as the predicate for broader criminal inquiries, with record reviews supporting allegations of document fraud, harboring, or patterns of unauthorized employment.
The significance of this shift extends beyond inspection statistics. Visible worksite activity has reshaped priorities for many employers, prompting accelerated internal audits and greater involvement from legal and operations leaders. Executive teams are now often asking hard questions about the durability of existing controls and audit readiness.
Immigration Policy Changes Impacting the Form I-9
While enforcement activity drew headlines in 2025, the rules governing employment authorization also changed significantly. During the year, the Department of Homeland Security (DHS) curtailed or terminated programs that had provided work authorization stability for hundreds of thousands of workers, often requiring employers to reassess reverification practices and workforce planning.
The Termination of Humanitarian Parole
One of the most abrupt shifts involved the winding down of categorical humanitarian parole programs, including the CHNV process that allowed individuals from Cuba, Haiti, Nicaragua, and Venezuela to obtain work authorization through a more streamlined process. In 2025, DHS moved to terminate these programs, triggering litigation that briefly paused termination. When the U.S. Supreme Court allowed the terminations to proceed in late May, DHS resumed issuing notices that invalidated work authorization tied to those grants—even for individuals holding unexpired EADs.
E-Verify employers felt the operational impact in June when DHS introduced the Status Change Report, a tool that identifies previously verified employees whose EADs were revoked. Under DHS guidelines, E-Verify employers must periodically review the report, notify affected employees, and complete reverification where appropriate.
TPS Volatility
Temporary Protected Status (TPS) designations faced similar instability, driven by a tug-of-war between DHS and the courts. TPS provides temporary protection and work authorization to nationals of designated countries experiencing armed conflict, natural disasters, or other extraordinary conditions. In 2025 and early 2026, TPS designations for countries such as Haiti, Venezuela, Honduras, Nepal, and Nicaragua were subject to termination announcements followed by rapid litigation and court-ordered stays.
For employers, this volatility created uncertainty around reverification obligations. A designation could appear set to expire, only to be reinstated shortly before termination. HR teams increasingly had to monitor USCIS notices and court rulings rather than rely solely on previously recorded reverification dates.
End of Automatic EAD Extensions
Similarly, the safety net of automatic EAD extensions was removed on October 30, 2025, when DHS published an Interim Final Rule ending this flexibility for most renewal applicants. Since 2017, timely-filed renewal applications have helped shield employers from work authorization gaps caused by USCIS processing delays.
Under the new rule, that protection applies only to pending applications filed on or before October 29, 2025. While certain other statutory and regulatory extensions remain, the broader buffer against EAD processing delays has significantly narrowed.
New E-Verify State Requirements
As federal policy shifts, states are increasingly imposing their own verification mandates. This compliance “patchwork” accelerated in late 2025, with Iowa and Ohio introducing targeted E-Verify requirements that can complicate uniform onboarding practices.
Iowa: Mandatory E-Verify for State Agencies
In October 2025, Iowa Governor Kim Reynolds issued Executive Order 15 requiring state government departments to use E-Verify for new hires. The directive signals an effort to strengthen employment verification within the public sector and may foreshadow broader mandates.
Ohio: Sector-Specific Rigor
Ohio adopted a legislative approach through the E-Verify Workforce Integrity Act, signed in December 2025 and effective March 19, 2026. The law mandates E-Verify participation for nonresidential construction employers, including subcontractors and labor brokers.
Penalties can be substantial. Employers that knowingly employ unauthorized workers face permanent license revocation. Procedural violations, such as failure to create an E-Verify case, can carry fines up to $1,500, while continued employment violations can reach up to $25,000. Noncompliant contractors could also be barred from bidding on state contracts for up to two years.
Strategic Response: How HR Can Better Prepare for 2026
Employers now face a convergence of risks in the I-9 landscape: heightened federal scrutiny, reduced work authorization stability, and expanding state-level verification mandates. Navigating this environment may require more than routine I-9 oversight.
1. Operationalize “Audit Readiness”
Given the rise in worksite investigations, HR may wish to adopt or refine written response protocols that clearly identify roles and procedures when responding to government audits. Policies may provide frontline staff with guidance on managing ICE visits and responding to Notices of Inspection.
2. Recalibrate Reverification Practices
The end of broad automatic EAD extensions and ongoing TPS volatility may require closer monitoring of reverification timelines and tracking systems. Employers may wish to reinforce early renewal practices, review internal reverification policies, and monitor USCIS guidance that impacts I-9 obligations.
3. Align E-Verify Strategy with State Mandates
As additional states adopt targeted E-Verify requirements, employers operating in multiple jurisdictions may wish to confirm where participation is mandatory and ensure location-specific processes are defined. Organizations not using E-Verify nationally may also consider whether a uniform approach would reduce administrative complexity compared to managing a hybrid model.
As 2026 unfolds, employers that treat I-9 and E-Verify compliance as an ongoing governance priority, rather than a static onboarding task, may be better positioned to navigate continued volatility.
John Fay is Director of Product Strategy at Equifax Workforce Solutions.