On March 16, 2026, the U.S. Immigration and Customs Enforcement (ICE) updated its Form I-9 Inspection fact sheet issued under the Immigration and Nationality Act (INA) § 274A. The update explains how ICE reviews Form I-9 during an inspection and clarifies which errors ICE now considers serious paperwork violations.

While the law itself did not change, the update has real consequences for employers. ICE is now treating several common Form I-9 mistakes, including errors that were often correctable in the past, as violations that may result in penalties without an opportunity to fix them during an inspection.

This update applies to all U.S. employers that complete, store, and produce Forms I-9, including employers using electronic I-9 systems or authorized remote document examination procedures, and took effect on March 16, 2026.

What Employers Need to Do

1) Conduct a Targeted Internal Form I-9 Audit Carefully:

• An employer should conduct a targeted internal Form I-9 audit using a neutral scope, such as reviewing all Forms I-9 or a neutrally selected sample; document the purpose and scope of the audit; and ensure the audit is not based on citizenship status or national origin.

• The employer should plan employee communications in advance, apply consistent standards when deficiencies are identified, notify affected employees privately, and provide copies of relevant materials when issues are found.

2) Retrain Personnel Involved in Form I-9 Completion on Newly High-risk Fields: An employer should retrain all personnel who complete, review, or maintain Forms I-9, with specific emphasis on timeliness and completeness across Section 1, Section 2, Supplement A, and Supplement B, including required dates, signatures, and mandatory document information fields.

3) Validate Electronic Form I-9 System Compliance: If an employer uses an electronic Form I-9 system, the employer should confirm that the system meets the DHS requirements for completion, retention, security, reproduction, and electronic signatures, and that the system can generate legible copies for inspection.

4) Strengthen Controls for Remote or Alternative Document Examination Procedures: When a remote or alternative document examination procedure is used, the employer should confirm that the alternative procedure box is properly checked where required and that all eligibility prerequisites, such as active participation in the applicable program, are satisfied at the time the procedure is used.

5) Treat Document Retention as Separate From Proper Form Completion: An employer should not rely on retaining copies of identity or work-authorization documents as a substitute for properly completing required Form I-9 fields, particularly required document title, issuing authority, document number, expiration date entries, and employer certification information.

Overview

• Inspection Start and Production Deadline: An ICE inspection begins when the agency serves a Notice of Inspection (NOI). Employers are typically given at least three business days to provide the requested Forms I-9.

• Cure Window Remains for Technical/Procedural Failures: If ICE finds technical or procedural failures, the employer receives at least 10 business days to correct them. Errors that are not corrected within that period may result in penalties.

• Limited Opportunity to Correct Errors After a Notice of Inspection: If ICE identifies technical or procedural errors, employers have at least 10 business days to correct them. Other Form I‑9 errors do not allow a correction period, and errors that are not fixed within the cure window can result in immediate monetary penalties.

• Common High-risk Form I-9 Errors Highlighted by ICE Include: Failure to prepare or present Forms I-9, untimely completion, use of the Spanish-language Form I-9 outside Puerto Rico, failure to meet electronic I-9 system requirements, incomplete Section 1 or Section 2 fields, and reverification or rehire errors (Supplement B).

• Internal Audits: ICE guidance recognizes internal Form I-9 audits as optional but helpful when conducted using neutral, non-discriminatory criteria and proper correction procedures.

Why This Matters

• Less Ability to “Fix it After the NOI”: While some technical errors still allow a limited correction period, other Form I-9 errors do not. As a result, inspections are now more likely to lead to penalties rather than an opportunity to correct mistakes.

• The Form I-9 Must Stand Alone: ICE’s fact sheet makes clear that missing required entries in several core areas, particularly Section 2 document information and certification fields, can lead to penalties. Retained document copies are not a reliable fallback for incomplete Form I-9 entries.

• Electronic and Remote Procedures are Higher-Stakes: ICE lists failures to meet electronic Form I-9 system standards and errors tied to Department of Homeland Security (DHS)-authorized remote procedures as violations, which increases exposure for employers relying on technology or remote review.

• Audit Activity Can Scale Penalties Quickly: Civil penalty amounts are inflation-adjusted, and DHS’s 2024 final rule reflects Form I-9 paperwork penalties that can range from $281 to $2,789 per violation. This makes employers with large Form I-9 populations particularly sensitive to routine errors.

Key Risks for Employers

• Immediate Penalty Exposure for Reclassified Errors: Certain violations can be fined without a correction period. This raises the cost of routine administrative mistakes at inspection time.

• Incomplete Section 2 Document Data: ICE flags failure to properly record required document details, including document title, issuing authority, document number, and expiration date if applicable, as a high-risk issue. As a result, completeness of Section 2 remains a top audit risk.

• Signature/Date and Stand-alone Form Risk: Missing signatures or dates, the hire date, or representative title information can trigger enforcement exposure where ICE treats the Form I-9 as the primary compliance record.

• Remote/Alternative Procedure Missteps: Failure to correctly document a remote document review, such as properly checking the required box, or failure to meet eligibility prerequisites, can increase enforcement risk during an ICE inspection.

• Electronic I-9 System Gaps: Inadequate audit trails, e-signature controls, security documentation, or the ability to reproduce Form I-9 can increase enforcement risk during an ICE inspection under the agency’s electronic system standards.

• Discrimination or Retaliation Risk During Internal Audits: Internal audits that are selective, poorly timed, or perceived as targeting protected groups can create separate exposure under federal anti-discrimination rules. ICE and the Department of Justice (DOJ) guidance stress neutrality and consistent standards.

Additional Information

Quick “Top Risk” Spot Check (5-minute Triage): When an employer needs a fast screen across a large Form I-9 population, the employer should prioritize review of the following items first.

• Section 1: The employer should confirm that the employee’s legal name and date of birth are completed, that only one work authorization status box is selected, and that Section 1 is signed and dated by the employee.

• Section 2: The employer should confirm that all required document information is fully recorded, including document title, issuing authority, document number, and expiration date if applicable, and that the employer or authorized representative printed their name and title, signed and dated the certification, and recorded the employee’s date of hire.

• Remote Alternative Procedure: If a remote or alternative document examination procedure was used, the employer should confirm that the alternative procedure box is checked and that the employer was eligible to use the procedure, such as being an active E-Verify participant or enrolled in another authorized program, at the time it was used.

• Supplement A (Preparer or Translator): If a preparer or translator assisted the employee, the employer should confirm that the preparer or translator’s full name, address, signature, and date are completed.

• Supplement B (Reverification or Rehire): When reverification or rehire applies, the employer should confirm that the rehire date or reverification timing is recorded as required, that the employer representative signed and dated the supplement, and that the alternative procedure box is checked if a remote procedure was used.

Source Reference

• USCIS – ICE Factsheet – Form I-9 Inspection Under Immigration and Nationality Act § 274A (March 16, 2026)
• ICE Guidance 1997 – Memorandum (HQIRT 50/5.12)
• USCIS – Worksite Enforcement – Guide to Administrative Form I-9 Inspections and Civil Monetary Penalties (November 25, 2008)
• USCIS – Remote Examination of Documents (Optional Alternative Procedure to Physical Document Examination)

This communication is intended solely for the purpose of conveying information. The present post might incorporate hyperlinks directing readers to websites managed by third-party entities. The inclusion of any links within this communication is meant to serve as points of reference and could encompass opinion articles from various law firms, articles from HR associations, official websites, news releases, and documents of government agencies, and other relevant third-party sources. Vensure has no authority over these external websites and bears no responsibility for their content. Furthermore, Vensure does not endorse the materials present on these websites. The contents of this communication should not be interpreted as legal advice or as a legal standpoint concerning specific facts or scenarios. Nor should it be deemed an exhaustive compilation of facts potentially pertinent to federal, state, or local laws. It is strongly advised that employers solicit legal guidance from an employment attorney when undertaking actions in response to any legal updates provided. This is due to the possibility of future alterations occurring in federal, state, and local laws, regulations, as well as the directives and guidelines issued by governing agencies. These changes may transpire at any given time, potentially rendering certain portions of the content within this update void or inaccurate.