Under the good-faith compliance provision of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRAIRA), common “paperwork” (technical or procedural) errors on Form I‑9 could be corrected during a 10-day cure period after notice by the government. On March 16, 2026, U.S. Immigration and Customs Enforcement (ICE) posted a fact sheet on its website that narrowed the list of technical curable errors and expanded the list of substantive violations that cannot be cured and may trigger immediate fines.
For many employers, this dramatic shift significantly increases risk during any Form I-9 inspection and leaves far less room to fix mistakes after the fact.
Overview
- ICE has reclassified many common Form I‑9 errors as substantive violations. Most notably, the revised guidance eliminates certain document detail omissions that were previously treated as technical violations when a legible copy of the document was retained, and now treats them as substantive violations subject to immediate fines ranging from $288 to $2,861 per form.
- Historical process-based failures, such as use of the Spanish-language form outside Puerto Rico and improper use of alternative document examination procedures, will now be treated as substantive violations.
- ICE introduces a number of new technical violations, such as using an outdated version of the form or missing non-mandatory fields. These violations may be corrected within the designated correction period but become substantive if left uncorrected.
- The long-standing opportunity to cure many mistakes after notice has effectively been curtailed.
- ICE implemented the change without formal rulemaking or public notice.
- Employers can no longer assume that routine I-9 deficiencies will be fixable during an inspection.
- Pre-inspection review and remediation now have far greater importance.
Why Employers Should Pay Attention
For many organizations, I-9 compliance programs were built around the expectation that certain technical errors could be corrected once identified during an audit or inspection. That assumption is no longer reliable. Under this revised framework, mistakes that once presented manageable compliance issues may now create immediate financial and operational risks.
Next Steps for Employers
- Reassess Form I‑9 audit protocols, including whether previously “low‑risk” technical errors may now carry penalty exposure.
- Review remote verification practices and electronic I‑9 systems to confirm strict adherence to all regulatory requirements, not just form completion.
- Continue proactive correction and documentation efforts; good‑faith remediation remains a critical component of enforcement risk management.
- Consult counsel before an inspection notice is ever issued to evaluate legacy risk and remediation strategies.
In the current environment, waiting for an inspection is no longer a prudent strategy. We are closely monitoring ICE enforcement activity, litigation developments, and additional agency guidance. Please contact our Immigration Team if you would like assistance reviewing your Form I‑9 practices or preparing for a potential inspection.
If you have any questions, or would like additional information, please contact one of the attorneys on our Immigration team.
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