I-9 Alert: What Employers Need to Know

Written By Emeline Mullany

The U.S. Immigration and Customs Enforcement (ICE) is taking a stricter approach to Form I-9 compliance—and it could significantly increase employer risk.

What’s changed?

Many errors that were previously considered “technical” are now classified as substantive violations, meaning employers may face immediate fines with no opportunity to correct.

The following are newly classified as substantive violations:

  • Missing employee date of birth (Section 1 on I-9 form)

  • Missing Alien Registration or USCIS number (Section 1 on I-9 form)

  • Missing date next to employee signature (Section 1 on I-9 form)

  • Missing name/title of employer representative (Section 2 on I-9 form)

  • Missing date of hire (Section 2 on I-9 form)

  • Procedural errors in the remote document inspection process

  • Failure to meet particular requirements for electronic I-9 systems

What you should do now:

✔ Audit your current I-9 forms

✔ Review onboarding and verification processes

✔ Ensure your team is properly trained

✔ Confirm electronic systems are compliant

Need support reviewing your I-9s or tightening compliance? Reach out to our team—we’ve got you covered!

Emeline Mullany
Next

Employee Walkouts on May Day?