U.S. Immigration and Customs Enforcement (ICE) in March 2026 updated its long‑standing Form I‑9 Inspection Fact Sheet, narrowing the category of errors that employers are allowed to correct after an audit begins and expanding the list of issues that can trigger immediate fines. This update aligns with a broader enforcement trend across federal immigration agencies.

Under the traditional Form I‑9 framework, employers generally had an opportunity to correct certain technical or procedural errors—such as minor omissions or clerical mistakes—after receiving a Notice of Inspection. The updated guidance appears to reduce that cure opportunity for several common mistakes, reclassifying them as substantive violations. These include missing dates, missing employee or employer signatures, citizenship or immigration status attestation errors, and certain preparer or translator omissions. Substantive violations cannot be corrected during an inspection and may result in civil penalties under the Immigration and Nationality Act.

Penalties currently range from $288 to $2,861 per form and can add up quickly for employers with large workforces or legacy paperwork issues. The Form I-9 Inspection Fact Sheet has instructions on accessing current minimum and maximum civil penalty fine amounts.

Anecdotally, employers report that U.S. Citizenship and Immigration Services (USCIS) is applying more exacting scrutiny in some employment‑based filings, including green cards and other employer‑sponsored benefits. While USCIS has not announced a formal policy change, this has resulted in more requests for evidence, closer review of documentation, and slower processing.

Together these developments point to a more demanding immigration compliance environment. Close coordination among human resources (HR), legal, and leadership teams may help employers manage the risks stemming from these new developments.

For general guidance related to immigration enforcement preparedness, please see this resource. To learn more about this topic and other immigration compliance issues facing our members, sign up for our upcoming webinar Immigration Compliance for Aging Services Employers, to be held on Thursday, June 4, 2:00-3:15 p.m. ET.