ICE released guidance in March 2026 significantly expanding the categories of “substantive” I-9 violations that would trigger financial penalties of approximately $288-$2,861 per form. ICE reclassified numerous errors previously treated as “technical” and correctable to “substantive.” Under prior enforcement norms, many routine omissions could be corrected during an inspection without penalty; that margin has now narrowed substantially. An April 2026 follow-up further targets electronic I-9 system failures, including audit-trail gaps and noncompliant e-signature protocols.

Some examples of technical errors that now treated as substantive include:  missing employee date of birth, signature date, or USCIS/alien number in Section 1; incomplete attestation or preparer/translator information; failure to record the first day of employment or to date Section 2; incomplete List A/B/C document information; failure to record a rehire date or properly complete reverification; use of the Spanish-language form outside Puerto Rico; use of remote verification without E-Verify enrollment; failure to check the remote-review box; and noncompliant electronic I-9 systems or audit-trail issues.

Barnes & Thornburg’s recommendations are: Employers should conduct a comprehensive internal I-9 audit with a documented corrective action plan; train HR personnel and authorized representatives on the new substantive versus technical classification; standardize onboarding and verification procedures across all locations; and treat I-9 compliance as elevated ongoing risk-management priority given the current enforcement climate. 

For more information, please refer to the prior Barnes & Thornburg webinar: Immigration and Global Mobility Series: Immigration Quietly Reclassifies I-9 Violations, Raising Employer Risk.

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