ICE Tightens I-9 Rules, Raising Audit Risk for Employers

Employers have less room to fix paperwork mistakes during immigration audits.

A recent update from U.S. Immigration and Customs Enforcement (ICE) changes how errors on Form I-9 are treated during inspections. More mistakes now count as “substantive,” meaning they can trigger fines immediately instead of being corrected after the fact.

Why this matters

When ICE initiates an inspection, employers have three business days to turn over Form I-9s and related records, including payroll data and employee lists.

• Technical violations can still be corrected within 10 business days
• Substantive violations cannot be fixed and may result in penalties

Fines for substantive violations range from $288 to $2,861 per form. For companies with large workforces, small errors across many forms can add up quickly.

ICE has also increased its use of I-9 inspections in recent years, with a focus on industries like construction, agriculture, manufacturing, and hospitality.

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What changed

More errors now fall into the substantive category, including issues across every section of the form.

Section 1

• Missing date of birth
• Missing date next to employee signature
• Missing USCIS or A-number where required
• Missing work authorization expiration date

Section 2

• Missing employer or representative name and title
• Missing hire date in the attestation
• Incomplete document details, even if copies exist

Supplement A

• Missing preparer or translator details

Supplement B

• Missing rehire date

Other issues

• Using the Spanish-language form outside Puerto Rico
• Improper use of remote verification procedures
• Gaps in electronic I-9 systems, including audit trails and e-signatures

Some errors remain technical and can still be corrected, such as using an outdated form version or leaving out certain non-critical fields.

What employers should do now

This is a good moment to review your I-9 process before an inspection happens.

Focus on a few practical steps:

• Review existing forms for errors that are now considered substantive
• Retrain HR staff on completing every field accurately
• Check that electronic I-9 systems meet compliance requirements
• Confirm E-Verify enrollment if using remote verification
• Set a clear plan for handling an ICE inspection

Once an audit begins, the outcome is largely set by what’s already on file.

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