Visas vs. Work Authorization Risks

In this episode of The Chad & Cheese Podcast, hosts Joel Cheesman and Chad Sowash welcome Desiree Throckmorton, senior consultant at OutSolve and former Kaiser Permanente TA manager, for a deep dive into the escalating world of I-9 compliance amid unprecedented ICE enforcement.

Desiree breaks down I-9 fundamentals: a decades-old (1980s) federal mandate requiring employers to verify every new hire’s identity and work authorization via Form I-9, regardless of company size. Section 1 is completed by the employee on day one; Section 2 by the employer within three business days using original documents (List A, B, or C). Remote verification via video has been allowed since 2023, but errors—missing fields, wrong dates, or accepting invalid docs—can trigger fines from $281 to $2,789 per form, with knowingly hiring unauthorized workers costing up to $27,894 per violation.

The real alarm bell? A $170 billion ICE budget boost, including $30 million to hire 10,000 new agents focused on workplace audits and raids. Desiree notes 15,000 targeted I-9 inspections planned for 2026—more than double pre-COVID levels—shifting from Trump’s first-term focus on arrests to systematic compliance checks. Recent raids (e.g., Hyundai’s Georgia plant detaining ~500 South Korean contractors on wrong visas) highlight risks, while a Colorado case saw $8 million in fines for systemic errors and unauthorized hires. She warns employers to organize I-9s, centralize processes, and audit internally—many don’t even know where forms are stored.

The H-1B “genius visa” program takes a hit too: fees jumping from $2,000–$5,000 to $100,000 per sponsorship, pricing out mid-sized firms and favoring tech giants. Desiree and the hosts lament lost innovation, economic contributions ($100 billion in taxes from immigrants last year), and community diversity, especially in industries like healthcare (40%+ immigrant home health aides) and agriculture.

With OFCCP effectively defanged, C-suites must redirect compliance resources to ICE readiness. Desiree’s advice: map vulnerabilities, understand your workforce footprint, and treat I-9s like payroll—accurate, auditable, and non-negotiable. “ICE ICE baby could be coming for you" ... Employers ignoring this do so at their peril.