Important I‑9 Compliance Update: Increased Risk for Errors

April 24, 2026

U.S. Immigration and Customs Enforcement (ICE) has issued updated guidance that significantly tightens Form I‑9 enforcement. Under the revised ICE fact sheet, several common I‑9 mistakes that were previously viewed as technical or correctable are now classified as substantive violations, which may result in immediate fines during an audit.

Accuracy and consistency at the time of hire are more critical than ever.

Common I‑9 Errors Now Considered Substantive

ICE has reclassified the following frequent I‑9 errors as substantive violations:

Missing the employee’s date of birth
Missing date of hire
Using the Spanish‑language I‑9 outside of Puerto Rico
Preparer and/or translator errors, including missing the preparer or translator’s full name, address, signature, or date when Supplement A is used
Missing title of the employer or authorized representative
Failure to date Section 1 or Section 2
Failure to enter the rehire date in Supplement B

These issues are no longer viewed as minor administrative oversights and may result in penalties even if the employee’s work authorization is valid.

Remote Verification Requirements Are Stricter

ICE has also elevated procedural errors related to the 2023 remote document inspection alternative to substantive violations. This includes:

Failing to check the box in Section 2 or Supplement B indicating remote inspection was used
Using the remote inspection option without being an active E‑Verify participant at the time

Because eligibility to use remote inspection depends on meeting specific requirements, incomplete documentation can now trigger penalties.

Electronic I‑9 Systems Require Ongoing Oversight

While electronic I‑9 systems can help reduce mistakes, ICE has clarified that using electronic forms alone is not sufficient. If an electronic I‑9 system lacks adequate audit trails, electronic signature controls, or security documentation, ICE may treat resulting procedural failures as substantive violations attributable to the employer.

What This Means for Clients

The key takeaway is that the margin for administrative error has narrowed. Items that were once correctable after an audit may now result in immediate fines.

Complete Form I‑9 fully and accurately at the time of hire
Follow all requirements when using remote document inspection
Ensure authorized representatives are properly trained
Respond promptly to audit findings and correction requests

Potential Fines and Financial Exposure

Under the current ICE fine structure, substantive Form I‑9 violations are assessed on a per‑form basis, and penalties can add up quickly:

Paperwork and substantive I‑9 violations can range from $288 to $2,861 per Form I‑9
Knowingly hiring or continuing to employ an unauthorized worker:
Ranges from $716 to $28,619 per worker, depending on prior violations

Fines are adjusted annually and may be increased based on factors such as employer size and history of violations. Because fines are assessed per violation, multiple errors across multiple forms can result in significant cumulative penalties.

How We Support Compliance

As part of our service model, we complete E‑Verify submissions and conduct routine I‑9 audits to help identify issues and provide corrective guidance. However, compliance ultimately depends on accurate and timely I-9 completion by the employer.

We will continue to monitor regulatory changes and provide resources, training, and audit support to help you navigate these evolving requirements.

If you have questions about I‑9 completion, remote verification procedures, or audit findings, please contact your designated PBS HR representative.

Blog