A recent policy shift from U.S. Immigration and Customs Enforcement is changing how employers should think about Form I-9 compliance, and it is not a minor update.
ICE has issued a new fact sheet that reclassifies many errors previously considered “technical” as “substantive” violations, meaning employers may now face fines for issues that were once correctable during an audit.
What’s Changed
Historically, I-9 errors fell into two categories:
- Technical errors → could be corrected within 10 business days
- Substantive violations → subject to immediate penalties
Now, ICE has narrowed what qualifies as “technical,” meaning fewer errors are eligible for correction and more are immediately fined.
This means:
- Less opportunity to fix paperwork mistakes after an audit
- More routine administrative errors triggering penalties
- Increased enforcement risk across all employers
Why It Matters
Substantive violations carry significant financial consequences, with fines ranging roughly from $288 to $2,861 per form.
Because penalties are assessed per form, even small errors, when repeated across a workforce, can quickly escalate into major liability.
ICE has also made clear that substantive violations generally cannot be corrected once identified, further raising the stakes during inspections.
What Employers Should Do Now
With less room for error, proactive compliance is critical. Employers should consider:
- Conducting internal I-9 audits
- Retraining staff responsible for form completion
- Reviewing processes for accuracy and timeliness
Even long-standing practices may no longer meet the updated standard.
A Must-Read Resource
The updated ICE fact sheet is one of the most practical tools available right now. It clearly outlines the inspection process, how violations are categorized, and when fines may apply.
