EVA mitigation process
Our comprehensive 7-step approach to I-9 compliance and risk mitigation
Application & assessment
Application and initial assessment to determine number of I-9s (current, past, and future), employee turnover, current compliance processes, I-9 software usage, and an initial assessment of I-9s for errors and employment practices.
Rate calculation & mitigation planning
Rate (premium) based in part on number of I-9s needed to screen and remediate, future I-9 requirements, software requirements, and manhour requirements for full audit, mitigation process, and policy development.
Audit, mitigation & policy implementation
Full I-9 audit with all I-9s transferred into electronic system, errors identified and remediated (including memos of error correction), legal review and updated I-9 compliance policy generated and implemented.
Software integration
Software procured or upgraded to meet compliance policy requirements. HR staff trained to utilize software in accordance with policy requirements. EVA has access to software for periodic checks and assistance when necessary.
Staff training
Staff trained on compliance policy, I-9 software, and inspection notification and preparation process. Inspection protocol developed and implemented. Recurring training as needed.
Inspection process test
Inspection process test conducted within six months of completion of mitigation, remediation, and policy implementation. The test assesses ability to comply with I-9 notice of inspection and conduct review of I-9s and associated required documentation.
Recurring review
Periodic review conducted to ensure compliance policy and process are meeting client needs and clients are able to easily comply with policy requirements.
ODDS OF BEING INSPECTED
Why I-9 compliance matters
The scale
Millions of businesses are affected
Approximately 36.2 million businesses operate in the United States
This figure reflects the total active business landscape, spanning small, mid-size, and large enterprises
Source: Compiled from data by the U.S. Census Bureau and the U.S. Department of Labor
The legal requirement
Form I-9 applies to every employer
Every business, regardless of size, must complete Form I-9 for every employee
Employers are required to retain I-9 forms
Forms are subject to inspection by ICE
Enforcement trends
Inspection activity has shifted over time
ICE enforcement has been inconsistent over the past 16 years
Inspection volumes fluctuate based on administration priorities
Enforcement has historically targeted industries associated with unauthorized labor
Who gets inspected
Small employers are often excluded
In the past due to limited resources, ICE typically did not inspect businesses with five or fewer employees
News media has shown immigration officials entering small businesses across the country
There is no longer any pattern of who may or may not be inspected
What’s changing in 2025
A sharp increase in enforcement activity
ICE has been directed to conduct 10,000 I-9 inspections in 2025
Additional increases are expected over the next three years
Signals a shift toward more aggressive enforcement
What this means for employers
Inspection risk is rising
Chances of your business being inspected has increased dramatically
ICE is retooling the I-9 inspection program toward a true regulatory model
Expect broader inspections across more industries
DETERMINING RISK
Risk mitigation timeline
1
Initial risk assessment
Determine level of risk based on total I-9s, current practices, and additional risk factors. Average error rate is 80%.
2
Remediation
Complete audit of all I-9s. Technical errors corrected, substantive errors identified and documented.
3
Residual risk
Identified substantive errors calculate final error rate. Comprehensive compliance policy enables up to 25% fine mitigation.
4
Ongoing mitigation
Risk dissipates over time as I-9s with errors are purged after 3-year retention requirement expires.
EVA CLAIMS PROCESS
What happens when you receive a notice of inspection
1
Notice of inspection notification
Client receives Notice of Inspection from ICE. Client follows established inspection protocol.
2
Identify, locate & compile
Responsive documents identified, located, compiled, and prepared for response. EVA may assist remotely or on site as needed.
3
Review & respond
Client & EVA review to ensure response meets ICE scope of inspection. Response sent in accordance with ICE instructions.
4
Inspection results
ICE provides Inspection Results stating the business has passed with no discrepancies, or identifies violations requiring response.
5
Mitigation or appeal
EVA provides legal assistance to negotiate with ICE to mitigate proposed fines, or if necessary, appeal to OCAHO.
6
Fine resolution
After negotiation for mitigation and/or appeal, EVA pays fines up to the coverage limit.
