Guides / ICE rule change
ICE's March 2026 I-9 fact sheet: what is now substantive
On March 16, 2026, ICE updated its Form I-9 inspection fact sheet without a Federal Register notice. More than ten errors that employers could once fix after an inspection are now fined as soon as they are found.
In short
- ICE's updated fact sheet lists 28 categories of substantive violations.
- Newly substantive errors include a blank date of birth, a missing signature date, a missing first day of employment and a missing employer representative title.
- Keeping a copy of the ID no longer excuses missing document details in Section 2.
- Substantive violations carry civil fines of $288 to $2,861 per form.
Technical vs. substantive: why the label matters
During an inspection, ICE sorts paperwork problems into two groups. Technical or procedural failures come with at least 10 business days to correct them after ICE points them out. Failures that are still uncorrected after that period, and every substantive failure, can be fined.
For almost three decades the dividing line followed a 1997 internal memo. The March 2026 fact sheet moves many common, low-effort mistakes to the substantive side. Employment lawyers describe the change as a significant departure from that earlier framework.
Newly substantive errors
These are the errors employers most often find in their own files. Each one can now be fined per form without a correction window.
| Where | Error | Class |
|---|---|---|
| Section 1 | Employee's legal name or date of birth missing | substantive |
| Section 1 | A-Number / USCIS number missing for a lawful permanent resident | substantive |
| Section 1 | Work authorization expiration missing for a noncitizen authorized to work | substantive |
| Section 1 | No date next to the employee's signature | substantive |
| Section 2 | Document title, issuing authority, number or expiration incomplete, even with copies on file | substantive |
| Section 2 | Employer representative's name or title missing | substantive |
| Section 2 | First day of employment missing | substantive |
| Supplement A | Preparer or translator's name, address, signature or date incomplete | substantive |
| Form | Spanish-language Form I-9 used outside Puerto Rico | substantive |
| Remote | Alternative procedure box not checked, or alternative procedure used without E-Verify enrollment | substantive |
| Electronic | Audit trail, electronic signature or security documentation requirements not met | substantive |
Errors that were already substantive
- Not completing a Form I-9 at all, or not producing it during an inspection
- Completing Section 1, Section 2 or Supplement B late
- No citizenship or immigration status box checked, or more than one checked
- Employee or employer signature missing; Section 2 certification not dated
- Documents not physically examined within three business days, or no acceptable documents recorded
What is still technical
These still come with at least 10 business days to correct after ICE identifies them:
| Where | Error | Class |
|---|---|---|
| Section 1 | Outdated form edition used | technical |
| Section 1 | "Other last names used" or employee address missing | technical |
| Section 1 | Social Security number missing, for E-Verify employers | technical |
| Section 2 | Employer business name or address missing | technical |
| Top of pages | Employee name missing at the top of Section 2, Supplement A or Supplement B | technical |
| Supplement B | New legal name not recorded at reverification | technical |
What employers should do now
- Re-check forms you already audited. An error you marked as technical last year may be substantive today.
- Stop relying on ID copies. If Section 2 is missing a document number or expiration date, the copy in the file does not cure it.
- Correct forms the accepted way. USCIS explains how to fix Section 1 and Section 2 errors without concealing changes. See the self-audit checklist.
- Retrain whoever completes Section 2. Most newly substantive errors are blanks that take seconds to fill in at hire.
- If you have received a Notice of Inspection, call an immigration attorney before changing anything. You have at least three business days to produce your forms.
Correcting forms before an inspection is permitted and encouraged by federal guidance, but no guide can promise that a corrected form removes all liability. ICE weighs the employer's good faith among the factors that set a fine.
Sources
- ICE, Form I-9 Inspection fact sheet (page updated August 31, 2026).
- Holland & Knight, Quiet Change, Serious Consequences: ICE Expands Form I-9 Substantive Violations, April 2026.
- Morgan Lewis, ICE Rewrites the Rules on Form I-9 Violations, April 2026.
- Federal Register, Civil Monetary Penalty Adjustments for Inflation, January 2, 2025.