ICE updated its Form I‑9 inspection guidance in March 2026, expanding the types of errors that may be treated as “substantive.”
In practice, this may limit the opportunity to correct some common issues after an audit has begun. Employers may see increased exposure during I‑9 audits following recent updates to ICE guidance. Certain errors that were often treated as correctable in the past may now be viewed more strictly during an inspection.
Why Does This Matter?
Based on current ICE guidance Substantive violations on an I-9 form can range from $200 to $2,000 per form. This can be detrimental to organizations with paper I-9 forms, which are more prone to error, and to organizations that do not have a standard I-9 process or safeguards in place.
Examples of Errors receiving increased scrutiny may include:
- Missing key fields in Section 1 or Section 2 (for example, dates, signatures, or required employer information)
- Incomplete document information, even if document copies are retained
- Missing or incomplete preparer/translator certification
- Missing rehire date (Supplement B)
- Use of Spanish language Form I-9 outside Puerto Rico
- Improper use of remote document review procedures or non-compliant electronic I-9 systems
- Using remote verification without E-Verify participation
Recommended Employer Actions
- Conducting a proactive I‑9 review to identify and correct permissible errors
- Correct permissible errors before any Notice of Inspection is issued
- Review remote verification practices and E-Verify practices where applicable
- Reinforce training for onboarding and HR staff
- Confirming electronic I‑9 systems align with DHS requirements
Bottom Line
Relying solely on post‑inspection corrections may carry more risk under current enforcement trends. A proactive review process can help identify issues earlier and support more consistent compliance practices.
How We Can Help
If you’d like support navigating the recent ICE Form I-9 enforcement changes, we’re happy to help. Our HR Consulting team can assist with:
- Proactive Form I-9 self audits and corrective action planning
- Conducting I-9 Audits with remediation support
- Review of onboarding and employment eligibility verification practices
- Assessment of remote verification and E-Verify practices
- Evaluating electronic I-9 systems and audit trails
- Targeted training for HR teams
Federal Employer Resources
- ICE – Form I-9 Inspection Fact Sheet (March 16, 2026)
- USCIS – I-9 Central (Employer Guidance & Tools)
- USCIS – Form I-9 & Instructions
- ICE – Guidance on Internal Form I-9 Audits
For support on this or other HR topics, connect with the OneGroup Human Resources team.
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