Guides / Section 2 errors

Section 2 errors ICE now fines on sight

Section 2 is the employer's half of Form I-9, and it is where most of the newly substantive errors live. Each one below is a blank that takes seconds to leave empty and, since March 16, 2026, can be fined $288 to $2,861 per form.

I9Scan guide · Updated September 15, 2026 · Not legal advice

Employers may correct errors in Section 2 themselves. USCIS describes the method: draw a line through incorrect information, write the correct information, initial and date the correction with today's date. Never backdate, and keep a note explaining the change.

First day of employment left blank

substantive since 03/16/2026

The certification in Section 2 asks for the employee's first day of employment. Without it, ICE cannot tell whether Section 1 and Section 2 were completed on time, and a blank is now a substantive violation on its own.

How to fix: find the date in payroll or scheduling records, write it in the box, and initial and date the entry with today's date. USCIS recommends attaching a written explanation of why information was missing. If the employee's start date later changed, cross out the old date, write the correct one and initial the change.

Document expiration date, number or issuing authority blank

substantive since 03/16/2026

Section 2 asks for the title, issuing authority, number and expiration date of the documents the employee presented. Many employers skipped a field because a copy of the document was in the file. Under the March 2026 fact sheet, a retained copy no longer cures missing Section 2 information.

How to fix: if you kept a copy, transcribe the missing details from it, then initial and date the entry. If you didn't keep a copy, don't guess. That form needs a closer look, and possibly legal advice.

"If any" matters: a Social Security card has no expiration date, so writing N/A is correct. A passport, driver's license, Permanent Resident Card or Employment Authorization Document does expire.

Employer representative's name or title missing

substantive since 03/16/2026

The box reads "Last Name, First Name and Title of Employer or Authorized Representative". Signing and printing a name but leaving out the title, such as Office Manager or Owner, is now substantive.

How to fix: add the missing name or title, then initial and date the addition with today's date. Where possible, have the person who completed Section 2 make it; if they no longer work for you, record who made the correction and why in your memo.

Employer signature or date missing

substantive

An unsigned or undated certification was already substantive before 2026. It is also the easiest error to miss when forms are completed in a hurry on a busy first day.

Section 2 completed late

substantive

Section 2 must be completed within three business days of the employee's first day of work. If the first day is a Monday, the deadline is Thursday. A form signed later than that is untimely, and correcting it now can't change that date. Don't backdate.

Remote examination without the alternative procedure box

substantive since 03/16/2026

Employers enrolled in E-Verify and in good standing may examine documents remotely under the DHS alternative procedure, but they must check the box in Section 2. Leaving it unchecked, or using the procedure without E-Verify enrollment, is now substantive.

Still technical in Section 2

technical A missing business name or address, and a missing employee name at the top of the section. ICE gives at least 10 business days to correct these after pointing them out.