New ICE I-9 Rules Raise Audit Risk for Employers

Employers now have less flexibility to correct paperwork errors during immigration audits.

A recent update from U.S. Immigration and Customs Enforcement (ICE) changes how Form I-9 mistakes are evaluated during inspections. More errors are now classified as “substantive,” meaning they may result in fines right away instead of being eligible for correction after the fact.

Why this matters

When ICE initiates an inspection, employers typically have three business days to provide Form I-9s and supporting records, including payroll data and employee lists.

• Technical violations may still be corrected within 10 business days
• Substantive violations cannot be corrected and may result in penalties

Fines for substantive violations can range from $288 to $2,861 per form. For businesses with larger workforces, even small errors across multiple forms can lead to significant liability.

ICE has also increased its use of I-9 inspections in recent years, particularly in industries such as construction, agriculture, manufacturing, and hospitality.

What changed

More I-9 errors are now treated as substantive violations, affecting multiple sections of the form.

Section 1

• Missing date of birth
• Missing date next to employee signature
• Missing USCIS or A-number where required
• Missing work authorization expiration date

Section 2

• Missing employer or authorized representative name and title
• Missing hire date in the attestation
• Incomplete document details, even if copies are retained

Supplement A

• Missing preparer or translator information

Supplement B

• Missing rehire date

Other issues

• Using the Spanish-language form outside of Puerto Rico
• Improper use of remote verification procedures
• Deficiencies in electronic I-9 systems, including audit trails and e-signature compliance

Some errors may still be considered technical and eligible for correction, such as using an outdated form version or omitting certain non-critical fields.

What employers should do now

This is a good time to review your I-9 process before an inspection occurs.

Focus on a few practical steps:

• Review existing forms for errors that may now be considered substantive
• Retrain staff responsible for onboarding to ensure every section is completed accurately
• Verify that any electronic I-9 system meets current compliance standards
• Confirm E-Verify participation if using remote verification procedures
• Establish a clear plan for responding to an ICE inspection

Once an audit begins, the outcome is largely determined by what is already on file.

Immigration rules are changing.

Ensure your hiring and onboarding practices stay aligned with current enforcement standards and compliance requirements. 

Schedule a consultation  to review your company’s I-9 compliance and reduce risk before an audit. 

Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Laws and proposed legislation are subject to change. Please consult with a qualified immigration attorney for advice specific to your situation.