ICE Updates Form I-9 Guidance, Increasing Risk for Common Paperwork Errors

U.S. Immigration and Customs Enforcement (ICE) recently updated its guidance on Form I-9 inspections, which may have meaningful consequences for employers.

ICE’s revised guidance reclassifies a number of common Form I-9 errors as “substantive” violations rather than “technical or procedural” failures. This shift may increase the likelihood that certain errors result in financial penalties rather than an opportunity to correct them during an audit.

What Has Changed

Historically, employers have often had the opportunity to correct certain types of errors identified by the government during an I-9 audit. Under the Immigration and Nationality Act, employers must be given at least 10 business days to correct qualifying “technical or procedural” failures once those issues are identified.

ICE’s updated guidance, however, signals a narrower interpretation of what constitutes a correctable error.

The March 2026 update lists a range of issues as substantive violations that were frequently treated as technical in past audits. These may include, for example:

• Missing or incomplete information in key fields (such as date of birth or USCIS number)
• Failure to properly complete or date required sections of the form
• Certain deficiencies in the preparer/translator certification
• Missing information relating to the employer’s authorized representative
• Incomplete or incorrect document information recorded in Section 2
• Errors associated with the DHS-authorized remote document examination procedure

Although ICE has not issued formal regulations addressing these changes, the updated guidance provides insight into how the agency may evaluate I-9 forms during audits going forward.

Why This Matters

Employers must still complete the form for all new hires, ensure proper documentation, and retain records in accordance with existing rules.

However, the practical effect of the updated guidance is potentially significant. Employers may have reduced—or no—opportunity to correct these new substantive errors during an audit, which brings a corresponding increase in potential civil penalties.

Current penalty amounts for Form I-9 paperwork violations can range from $288 to $2,861 per violation, depending on the circumstances.

What Has Not Changed

This development does not change employers’ basic Form I-9 obligations:

• Employers continue to have at least three business days to produce I-9 forms in response to a Notice of Inspection.
• The statutory framework governing Form I-9 compliance remains in place.
• The law still provides a correction period for qualifying technical or procedural errors.

The recent development reflects a shift in enforcement posture, rather than a formal overhaul of the compliance rules themselves.

Practical Considerations for Employers

In light of this updated guidance, employers may wish to take a fresh look at their Form I-9 practices, particularly in areas that have historically been treated as routine or low risk.

Practical steps to consider include:

• Conducting internal audits to identify and address common completion errors
• Reviewing onboarding procedures to ensure all required fields are consistently and accurately completed
• Confirming proper use of the remote document examination procedure, where applicable
• Evaluating electronic Form I-9 systems for compliance with DHS requirements
• Providing refresher training for personnel responsible for Form I-9 completion and review

Takeaway

ICE’s March 2026 updated guidance appears to make Form I-9 compliance less forgiving in practice. While the legal framework has not changed, the agency’s interpretation of what constitutes a correctable error may increase the stakes for routine paperwork mistakes.

Employers that have not recently reviewed their Form I-9 processes may benefit from doing so now, particularly given the continued focus on worksite enforcement.

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