ICE Issues Guidance Reclassifying Form I-9 Violations

On March 16, 2026, the U.S. Immigration and Customs Enforcement (“ICE”) issued guidance on how Form I-9 violations are classified.  Specifically, errors that previously would be considered correctible technical violations are now reclassified as substantive violations subject to monetary penalties.

The newly issued guidance reclassifies the following common errors as substantive:

• Missing date of birth.
• Missing date of hire.
• Incorrect use of Spanish-language I-9 outside of Puerto Rico.
• Preparer and/or translator errors.
• Missing title of the employer or authorized representative.
• Failure to date sections 1 or 2.
• Failure to enter rehire date. 

In addition, when using the remote verification procedure, failing to check the alternative procedure box in Section 2 or Supplement B indicating that remote inspection was used; and failing to be an active E-Verify participant at the time the alternative procedure was used, will now be considered substantive violations.

While technical or procedural errors can be corrected and employers selected for an ICE audit have 10 days to correct them, substantive violations cannot be corrected without risk of penalty.

The updates expose employers to potential liability during an I-9 audit for these types of errors.  As a result, it is recommended that employers conduct self-audits to ensure compliance with I-9 requirements.  Should you have any questions regarding the recent changes, please contact Ali Law Group.

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