Immigration Updates

/in

ICE Updates Classification of Form I-9 Violations and Increases Monetary Penalties

APPLIES TO

All Employers

EFFECTIVE

MAR 16, 2026

QUESTIONS?

Contact HR On-Call

(888) 378-2456

 

Quick Look

  • U.S. Immigration and Customs Enforcement has updated its long-standing fact sheet Form I-9 Inspection Under Immigration and Nationality Act § 274A to reclassify a number of technical violations as substantive violations.
  • Employers will no longer have a 10-day statutory cure period, upon written notice from the government, for a number of common errors and could be subject to immediate fines of $288 to $2,861 per form.

Discussion

U.S. Immigration and Customs Enforcement (ICE) has updated its long-standing fact sheet Form I-9 Inspection Under Immigration and Nationality Act § 274A to reclassify a number of technical violations as substantive violations. This means employers will no longer have a 10-day statutory cure period, upon written notice from the government, for a number of common errors and could be subject to immediate fines of $288 to $2,861 per form. These changes were made without issuing a Federal Register notice or press release. The following errors have been reclassified as substantive violations:

 

  • Missing employee date of birth (Section 1);
  • Missing USCIS/alien number (Section 1, when applicable);
  • Missing date next to employee signature (Section 1);
  • Missing expiration date in Section 1, Box 4;
  • Spanish-language Form I-9 used outside Puerto Rico;
  • Missing name/title of employer representative;
  • Incomplete List A, B, or C data in Section 2 (document title, number, issuing authority, or expiration), even where document copies were retained;
  • Missing first day of employment in the Certification;
  • Incomplete preparer/translator data in Supplement A;
  • Failure to check alternative procedure box/not enrolled in E-Verify when using remote verification; and
  • Electronic I-9 audit trail, e-signature, or security documentation deficiencies.

 

ICE has also removed the safe harbor rule that allowed retained copies of employment authorization documents to cure missing Section 2 information. Due to the sharp increase in worksite enforcement activity, employers should audit their Forms I-9 as soon as possible and consult with legal counsel to determine how corrective action should be taken.

 

Action Items

  1. Immediately audit Forms I-9 in consultation with legal counsel.
  2. Verify compliance of electronic Form I-9 systems.
  3. Confirm use of remote verification only when enrolled in E-Verify, if applicable.
  4. Have appropriate personnel trained on Form I-9 requirements.
  5. Consult with legal counsel upon receipt of a Notice of Inspection from ICE.

 

Disclaimer: This document is designed to provide general information and guidance concerning employment-related issues. It is presented with the understanding that ManagEase is not engaged in rendering any legal opinions. If a legal opinion is needed, please contact the services of your own legal adviser. © 2026 ManagEase