Proper Completion of the Form I-9 is Now More Important Than Ever

In March 2026, Immigration and Customs Enforcement (ICE) significantly tightened its Form I-9 enforcement standards, reclassifying dozens of routine paperwork errors (aka technical violations) – previously correctable during an I-9 audit without a fine – as substantive violations now subject to immediate fines between $288 to $2,861 per form. The financial impact is substantial - a company with just 100 forms containing these newly elevated errors could face penalties ranging from $28,800 to over $286,100. ICE further makes clear under this policy shift that retaining copies of List A, B, or C documents does not cure any missing or incomplete information on the I-9. Proper Form I-9 training for production and H.R. staff members who help onboard newly hired employees is more important than ever.

Some of the often-occurring technical violations that are now considered substantive violations subject to immediate fine without opportunity to cure are:

• Failure to include date of birth in Section 1.
• Failure to include a date of signature in Section 1.
• Failure to identify the first day of employment in Section 2.
• Failure to record name and title of the employer’s representative in Section 2.
• Use of the Spanish-language Form I-9 outside of Puerto Rico.

For a full list of violations deemed substantive violations under the new stricter standard, see the government’s fact sheet here: https://www.ice.gov/factsheets/i9-inspection.