Corporate Immigration Attorney

I-9 Compliance & Employer Services

Immigration enforcement against employers is not slowing down — it is accelerating. In fiscal years 2025 and 2026, ICE has expanded worksite enforcement operations, I-9 audit volumes have increased sharply, and penalties for non-compliance have reached levels that can threaten a company’s bottom line. For businesses that employ foreign national workers — or any business subject to I-9 requirements, which is every U.S. employer — the question is no longer whether enforcement will reach you. It is whether you will be prepared when it does.

Joya Law Firm provides corporate immigration compliance services to employers across California and nationwide. From I-9 audits and Public Access File reviews to M&A due diligence and HR training programs, we help businesses build immigration compliance systems that withstand government scrutiny — before an audit notice arrives.

Why Immigration Compliance Demands Attention Now

The enforcement landscape has shifted. Several converging factors make proactive compliance a business-critical priority in 2025–2026:

Increased ICE worksite investigations. U.S. Immigration and Customs Enforcement has expanded its Homeland Security Investigations (HSI) division’s worksite enforcement unit. The agency issued more Notices of Inspection (NOIs) in 2024 and 2025 than in any year since the Obama-era audit surge of 2012–2013.
Higher penalties. I-9 fine amounts are adjusted for inflation annually. Current penalties range from $252 to $2,507 per violation for paperwork errors (first offense), and $698 to $5,579 per violation for substantive or uncorrected violations. Knowingly hiring or continuing to employ unauthorized workers carries penalties of $698 to $27,894 per worker depending on offense history. For a company with hundreds of employees, a single audit can produce six- or seven-figure liability.
State-level enforcement. California employers face additional obligations under state law, including restrictions on employer participation in voluntary ICE enforcement actions (AB 450) and mandatory posting requirements. Noncompliance with state rules creates a second layer of penalty exposure.
Remote hiring and E-Verify changes. The shift to remote and hybrid work has created new I-9 challenges, including the DHS-authorized remote document examination procedures and evolving E-Verify requirements. Employers who adopted remote I-9 practices during the pandemic must ensure their procedures now align with current regulations.

The cost of reactive compliance — scrambling to fix errors after an audit notice arrives — is always higher than the cost of building it right in the first place. Joya Law works with employers to close compliance gaps before they become enforcement actions.

I-9 Audits and Training

Every employer in the United States is required to complete and retain a Form I-9, Employment Eligibility Verification, for each employee. The form verifies an employee’s identity and authorization to work. It is also the single most common source of employer immigration liability.

What a Joya Law I-9 Audit Includes

Our I-9 audit is a comprehensive review of your organization’s employment verification compliance:

Full review of existing I-9 forms. We examine every active I-9 for completeness, accuracy, proper document acceptance, and timely completion. Common errors include missing signatures, incorrect dates, accepting expired documents, over-documentation, and failing to reverify expiring work authorization.
Identification of correctable vs. substantive violations. Not all errors carry the same penalty risk. We categorize findings by severity and provide a clear remediation plan for each.
I-9 storage and retention review. Federal law requires employers to retain I-9 forms for the later of 3 years after the date of hire or 1 year after the date of termination. We verify your document retention practices meet these requirements.
Process evaluation. We review your hiring workflow to determine who completes I-9s, when they are completed (Section 1 must be completed no later than the first day of employment; Section 2 within 3 business days), and whether your current procedures create compliance risk.
Written audit report. You receive a detailed report documenting findings, risk assessments, and specific corrective actions — the type of documentation that demonstrates good-faith compliance effort if ICE ever audits your company.

I-9 Training for HR and Hiring Managers

An audit is only as valuable as the practices that follow it. We provide training programs tailored to your organization:

HR staff training on proper I-9 completion, acceptable document review (List A, B, and C documents), anti-discrimination requirements (you cannot request specific documents or reject valid documents based on appearance), and reverification procedures
Hiring manager training on their responsibilities in the I-9 process, especially for organizations where managers — not centralized HR — handle onboarding at multiple locations
Annual refresher sessions to keep staff current on regulatory changes and reinforce proper procedures

Public Access File (PAF) Audits

If your company sponsors employees on H-1B, H-1B1, or E-3 visas, you have specific recordkeeping obligations under the Labor Condition Application (LCA) program. For each LCA filed, employers must create and maintain a Public Access File containing:

A copy of the certified LCA
Documentation of the prevailing wage determination
A description of the actual wage system used for the H-1B worker
Proof that notice of the LCA filing was provided to workers (union notice or physical/electronic posting)
A summary of benefits offered to U.S. and H-1B workers

The Public Access File must be available for public inspection within one business day of a request. Department of Labor investigators can and do request these files during investigations — and missing or incomplete PAFs are among the most common findings in DOL audits of H-1B employers.

Our PAF audit service reviews your files for completeness and compliance, identifies gaps, and helps your team establish systems to maintain compliant files going forward. For employers with large H-1B populations, this review alone can prevent significant penalty exposure.

Due Diligence Reviews — M&A Immigration Considerations

When your company is acquiring a business, merging with another entity, or undergoing a corporate restructuring, immigration compliance is a material due diligence consideration that is frequently overlooked.

Key immigration issues in mergers and acquisitions include:

I-9 liability transfer.

In an asset acquisition, the buyer may inherit the seller’s I-9 obligations and, potentially, liability for existing violations. In a stock acquisition, the target company’s I-9 compliance record transfers automatically. Understanding which structure applies — and conducting a pre-closing I-9 audit — is critical to quantifying risk.

Foreign national employee work authorization.

Corporate changes can affect the validity of existing work authorization. If the employing entity changes, H-1B and L-1 employees may need new or amended petitions. Failure to address this can result in employees working without valid authorization — creating liability for the new employer.

Successor-in-interest obligations.

Depending on the transaction structure, the acquiring company may qualify as a successor-in-interest for immigration purposes, allowing it to step into the predecessor’s visa petitions. If it does not qualify, new petitions must be filed promptly.

Integration planning.

Post-closing, the combined entity needs a unified immigration compliance program. We help acquirers build that program from day one.

Whether you are a private equity firm evaluating a target or a company planning a strategic acquisition, a pre-transaction immigration review protects against hidden liabilities and post-closing disruption.

Immigration Recordkeeping Systems

Compliance is not a one-time event — it is an ongoing operational function. Joya Law helps employers design and implement immigration recordkeeping systems that support sustained compliance:

I-9 management protocols

Centralized or distributed systems for form completion, storage, reverification tracking, and retention/destruction schedules

Visa expiration and deadline tracking

Automated alerts for work authorization expirations, visa petition filing deadlines, LCA posting requirements, and other time-sensitive obligations

Audit-readiness documentation

Maintaining records in a format that allows rapid response to a government audit (ICE typically provides 3 business days to produce I-9 forms after serving a Notice of Inspection)

Policy documentation

Written immigration compliance policies that define roles, responsibilities, and procedures across your organization

For companies with 50+ employees or multiple office locations, a documented system is the difference between a manageable audit and a crisis.

Staff Training Programs

Your immigration compliance is only as strong as the people implementing it. We offer structured training programs designed for the reality of how businesses actually operate:

Annual compliance training for HR teams

Comprehensive sessions covering I-9 requirements, anti-discrimination rules (8 U.S.C. § 1324b), document fraud awareness, and current enforcement trends

Manager onboarding training

Targeted sessions for hiring managers who participate in the I-9 process at their location, focused on practical compliance rather than legal theory

Executive briefings

Concise updates for leadership on immigration compliance risk exposure, enforcement trends, and recommended actions. These briefings frame compliance in terms of business risk and cost — the language leadership needs to hear to approve compliance investments

Post-audit remediation training

When an audit reveals systemic issues, we deliver targeted training to address the specific errors found in your organization

Training is available in-person at your California offices or virtually for nationwide teams. We provide documentation of all training sessions — evidence of good-faith compliance that can mitigate penalties if a violation is later identified.

The Business Case for Proactive Compliance

The math is straightforward. Consider a mid-size employer with 300 employees:

Beyond financial penalties, an ICE enforcement action disrupts operations, creates negative publicity, and — for companies that rely on foreign national talent — can damage your ability to recruit and retain employees. A company known for immigration compliance problems is a company that H-1B professionals, L-1 transferees, and E-2 investors will avoid.

Proactive compliance is not just a legal obligation. It is a competitive advantage.

Frequently Asked Questions (FAQ)

How often should our company conduct an I-9 audit?

We recommend a comprehensive I-9 audit at least annually, with supplemental spot-checks quarterly for larger organizations or those with high employee turnover. If your company has never been audited, an initial comprehensive audit should be your first step. You should also conduct an audit whenever your company undergoes a merger, acquisition, or significant restructuring.

What triggers an ICE I-9 audit?

ICE audits can be triggered by a variety of factors, including: tips from current or former employees, industry-wide enforcement sweeps (food processing, construction, hospitality, and agriculture are historically high-priority industries), random selection, and follow-up investigations from other government inquiries. There is no way to guarantee your company will not be audited — but there is a way to ensure you are prepared when it happens.

What are the penalties for I-9 violations?

Penalties depend on the severity and history of violations. For first-offense paperwork violations, fines range from $252 to $2,507 per form. For substantive violations (failure to prepare or present I-9 forms, or knowingly hiring/continuing to employ unauthorized workers), fines range from $698 to $27,894 per worker, escalating with repeat offenses. Aggravating factors — such as a high percentage of unauthorized workers, a history of prior violations, or evidence of bad faith — can push penalties toward the maximum. Criminal prosecution is possible in egregious cases.

Does our company need E-Verify?

E-Verify is mandatory for federal contractors and subcontractors covered by the FAR E-Verify clause, and in states that require E-Verify by law (California does not currently mandate E-Verify for private employers, though federal contractor requirements apply regardless of state). Some employers voluntarily enroll in E-Verify. Whether E-Verify is required or advisable for your company depends on your contracts, locations, and industry. We can advise on whether enrollment makes sense for your situation.

What should we do if we receive a Notice of Inspection from ICE?

A Notice of Inspection (NOI) gives you 3 business days to produce your I-9 forms. Do not ignore it, and do not attempt to correct or re-do I-9 forms after receiving the notice — altering documents after an NOI is served can be treated as obstruction. Contact an immigration compliance attorney immediately. We help employers respond to NOIs, prepare for the audit process, negotiate with ICE on findings, and contest penalties when appropriate.

How does a merger or acquisition affect our immigration compliance obligations?

The impact depends on the transaction structure. In a stock acquisition, the target company’s I-9 compliance record (including any liabilities) transfers to the buyer. In an asset acquisition, the buyer may be treated as a new employer and must complete new I-9 forms for all retained employees within 3 business days of the closing date. In either case, work authorization for foreign national employees (H-1B, L-1, O-1, etc.) may need to be updated through amended or new petitions. Pre-closing due diligence should include a review of the target’s I-9 compliance and foreign national workforce.

Can we correct errors found during an internal I-9 audit?

Yes — and you should. USCIS allows employers to make corrections to I-9 forms as part of a good-faith compliance effort. Corrections should be initialed and dated, with a clear record of when and why the correction was made. You should not create entirely new I-9 forms for existing employees to replace flawed originals — corrections should be made on the existing form. Documenting the audit and correction process demonstrates good faith, which can reduce penalties if ICE later conducts its own audit.

Take the Next Step

Immigration compliance is a business function, not a checkbox. Whether you need a one-time I-9 audit, an ongoing compliance program, or urgent guidance in response to a government investigation, Joya Law Firm provides the legal expertise and practical systems that California and nationwide employers require to manage immigration risk effectively.

Book a Consultation to discuss your company’s compliance needs and how we can help protect your business.