Retail Hiring Surges: Keeping I-9s Compliant During Seasonal Peaks

Why Retailers Are at High I-9 Risk During Seasonal Peaks

Each year, thousands of retailers ramp up hiring to prepare for back-to-school, Black Friday, and the holiday rush. While these surges are critical for sales, they also create compliance blind spots.

When managers are under pressure to fill shifts quickly, I-9 forms are often rushed—or skipped altogether. Add in the high turnover of seasonal staff, and retailers face a perfect storm of compliance risk.

For context, ICE issued over 6,000 Notices of Inspection (NOIs) in 2024, and retail remains one of the most heavily targeted industries for I-9 audits. With fines ranging from $288 to $2,861 per violation and $28,619 for knowingly hiring unauthorized workers, mistakes during seasonal hiring can be devastating.

Related: What Employers Need to Know About I-9 Audits and Worksite Investigations

The Most Common Retail I-9 Mistakes

Retail HR leaders face a unique set of challenges during hiring surges. Here are the top compliance breakdowns:

• Missing or incomplete Section 2 due to onboarding in the middle of busy shifts.
• Using outdated I-9 forms, especially if managers download copies once and reuse them across seasons.
• Failing to reverify returning seasonal employees, a frequent issue in retail.
• Storing forms locally in filing cabinets or email folders rather than centralized systems.
• Inconsistent training—each store manager has their own process, leading to errors.

“We often see retailers assume their seasonal hiring rush is too chaotic for compliance. But that’s exactly when ICE looks closer.” — Jed Butler, CEO, i9 Intelligence

Related: 7 Common Mistakes Employers Make with Form I-9 (and How to Avoid Them)

How ICE Targets Retail Employers

Retailers are particularly vulnerable because:

• High turnover: Seasonal roles create constant onboarding cycles.
• Decentralized hiring: Each store or region may have its own onboarding process.
• Public visibility: Retail brands are household names—making audits high-impact.
• Seasonal hiring windows: ICE can easily predict when large retailers will be onboarding at scale.

The Harvard I-9 audit in 2025 showed that even prestigious employers aren’t immune from scrutiny. Retailers, with more visible hiring surges, are just as likely to be on ICE’s radar.

Related: Harvard I-9 Inspection Highlights Rising Employer Risk

5 Steps to Stay Compliant During Seasonal Hiring Surges

To reduce risk and stay audit-ready, retail HR teams should implement these proactive measures:

1. Standardize onboarding across all stores: Provide every manager with a clear, step-by-step I-9 process and require consistency.

2. Use a digital I-9 compliance platform: A digital I-9 platform ensures forms are completed correctly, stored securely, and retrievable within minutes.

3. Train hiring managers before the surge: Offer refresher training before seasonal hiring ramps up. This prevents errors when speed and volume increase.

4. Track returning seasonal workers: Returning staff often require reverification. Set reminders so Section 3 is completed on time.

5. Conduct a pre-season audit: Use a self-audit checklist to catch problems before ICE does.

Related: How to Self-Audit Your I-9s.

Higher Risk, Higher Stakes

Retail hiring surges are not just a staffing challenge—they’re a compliance challenge. Failing to prepare puts your business at risk of audits, fines, and reputational damage during your most profitable season.

Protect your business before the holiday rush.

Schedule a Free Compliance Call with our experts or check your I-9 audit risk with our free risk calculator.