This month U.S. Immigration and Customs Enforcement (ICE) quietly made a significant shift in how it enforces Form I‑9 compliance—and the change dramatically increases penalty risk for employers.
ICE recently revised its Form I‑9 Inspection Fact Sheet, which outlines a tougher approach to compliance and means mistakes that used to be treated as “technical” (and fixable) may now be treated as bigger issues.
When we audit I-9s we often see:
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- Leaving required fields blank in Section 1 (including USCIS/A‑Number or registration numbers when applicable)
- Missing or incorrect first day of employment in Section 2
- Accepting expired documents for Section 2 (only unexpired documents are acceptable)
- Recording documents in the wrong list category in Section 2 (List A vs. List B vs. List C)
- Using too many documents (e.g., a List A document and a List B document)
- Missing signatures in Section 1 and/or Section 2
- Failing to print the name and title of the employer’s authorized representative in Section 2
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These are the types of mistakes that often occur during fast‑paced onboarding, and could be corrected after the fact. Under the revised guidance, they may now trigger penalties immediately.
So why does this matter? The penalties may add up fast. They range from $288 to $2,861 per form, depending on the circumstances and history of prior violations.
Importantly, this change applies regardless of employer size or industry, and even employers who previously conducted internal audits may now be exposed under the new interpretation.
What can you do?
1) Do a proactive I‑9 audit. Look for patterns, confirm your correction approach, and keep notes on what you fixed.
2) Tighten up onboarding. Add a couple of simple checkpoints so required fields, dates, signatures, and document list selections are right the first time.
3) Refresh training for anyone who touches I‑9s. A short refresher can prevent the most common (and most expensive) mistakes. Pay special attention to any of those patterns you found in your audit.
Want a second set of eyes? If you’d like help with an I‑9 audit, onboarding checklists, or a quick training for your team, reach out—we’re happy to help.
Lisha, Jonna, Suzanne & Karen
The above/attached information is not a legal advice. It should not be considered as a legal opinion as to which laws apply or as to how any law applies to a particular situation. Companies or individuals should seek advice of Counsel with regards to their situation.