Newly Raised Stakes for Small I-9 Errors

‍ I-9 Audits were up 10x in 2025 compared to 2024, and that trend surely has continued into 2026 with immigration still a hot topic nationally. On top of this heightened audit activity, U.S. Immigration and Customs Enforcement has also recently (and quietly) updated their definitions of what are considered more serious and automatic fine-inducing offenses (errors) on I-9 forms- forms all employers are required to complete for all employees within 3 days of their hire date. This means once were once correctable errors are now unavoidable financial penalties.

All this suggests that if you haven’t audited your existing I-9 documents or procedures in a while, there’s never been a more significant time to do so. Below is more detail on the significance of these recent changes, as well as the kinds of errors you want to make sure to correct and/or avoid making ASAP when it comes to these documents.

The big change:

When auditing there are two types of errors that the department looks for:

1. Substantive violations that could lead to hiring an unauthorized worker. These result in immediate fines.

2. Technical or procedural violations for administrative or clerical mistakes that could be easily corrected. Employers are provided with a minimum of 10 business days to correct the oversight before a fine can be issued.

This month, the department published news that many easy errors that have been historically classified as less consequential “technical or procedural violations” have now been reclassified as “substantive violations” effective immediately. That means these often small, very technical, and easy to make errors, will now result in immediate fines if identified in an audit, without any ability to correct first.

Examples of things previously fixable (and very often made) mistakes that now will automatically cost you if done wrong:

• Missing date of birth.

• Missing date of hire.

• Missing title of the employer or authorized representative.

• Failure to date sections 1 or 2

• Incorrect use of Spanish-language I-9 outside of Puerto Rico.

• Preparer and/or translator field errors.

• Failure to enter rehire date when this section is used.

Other notable (but common) errors that will result in immediate fines (no ability to correct):

• Missing I-9 altogether.

• Incomplete I-9- including the employer portion being blank despite the employee completing part 1 and providing ID.

• Failure to present the Form I-9 for inspection upon request.

• Failure to ensure the timely preparation of Section 1 of the Form I-9 and/or failure to timely prepare Section 2 of the Form I-9- (completion outside the 3 day window required within an employee’s hire date.)

• Incomplete/missed fields, including but not limited to: citizenship status box selection indication (only one), USCIS Number/Alien # (where necessary), employee attestation signature with date, complete List A, B, and C document fields, employee hire date, employer signature and title, I-9 completion date.

What does this mean? This should significantly change the priority employers give to completing these very procedural documents both in meeting timeline and accuracy requirements.

What kinds of fines are we talking?

For any substantive or uncorrected technical errors, fines currently range from a minimum $288 to $2,861 per I-9 form. Fine amounts across this spectrum can vary based on a number of factors including the size of the business, determined good faith of the employer, seriousness of the violation (ie. missing forms entirely is worse than a missing detail), and more. But make no mistake, a fine will be issued of some sort for any substantive violations found without mercy.

Of course, in addition to these penalties when it comes to I-9s, separate and worse fines or criminal penalties for known violations or hiring unauthorized workers is possible in addition to these mentioned here. More details on fines can be found here.

Finally, also remember that all supporting I-9 documents provided by employees (IDs) must be physically reviewed and verified upon hire, even if using electronic I9 forms in your payroll system, and even if using E-verify. In circumstances where physical inspection is not possible (totally remote workers), an “alternative” procedure (video inspection) may be used, but you must be specific criteria and procedure in order for it to be allowed.

A complete fact sheet on inspection procedures and details can be found here.

‍