March feels like a lifetime ago.
I just finished My Friends by Fredrik Backman, which is still my favorite book I’ve read this year. I was packing for our West Texas/New Mexico Spring Break Road Trip with my kids when ICE quietly updated its Form I-9 inspection guidance.
For most people, that probably would not interrupt their vacation planning.
For someone who works in workforce compliance, it definitely interrupted mine.
I posted about the update on LinkedIn, mostly to think out loud. Then, my next post took off. HR professionals I had never met started messaging me and asking what had changed and what they were supposed to do about it.
That told me employers did not need another scary compliance headline. They needed someone to explain the change in normal, non-alarmist English.
So, here we are.
What Actually Changed?
The I-9 requirements themselves did not suddenly change.
What changed was how ICE said it would classify several familiar errors during an inspection.
Some I-9 mistakes are considered technical or procedural failures. When ICE identifies those failures, employers generally receive at least 10 business days to correct them after receiving notice.
What changed in 2026 is that ICE reclassified several familiar errors as substantive violations. Those errors are now treated more seriously and do not come with that same opportunity to correct them after an inspection begins.
ICE’s updated guidance now identifies the following as substantive violations:
- Missing employee date of birth in Section 1
- Missing USCIS or alien registration number in Section 1, when applicable
- Missing date next to the employee’s signature in Section 1
- Missing expiration date in Section 1, when required
- Failure to date Section 1
- Incomplete or incorrect employee attestation in Section 1
- Use of a Spanish-language Form I-9 outside Puerto Rico
- Missing name or title of the employer representative in Section 2
- Failure to record the employee’s first day of employment or the date in Section 2
- Incomplete List A, B or C document information in Section 2, even when copies of the documents were retained
- Failure to date Section 2
- Incomplete preparer or translator information in Supplement A
- Failure to provide the date of rehire in Supplement B
- Failure to check the alternative procedure box
- Use of the remote document examination procedure without active E-Verify enrollment
- Electronic I-9 system deficiencies involving audit trails, electronic signatures or security documentation
It is a long list. It also includes several errors that can look fairly minor when you see them on a single form.
That is why this matters.
What This Means in Normal English
Think about rolling a stop sign.
The rule did not change. Rolling a stop sign was already against the law. You were always supposed to stop.
What changed is the likelihood of receiving a ticket instead of a warning.
That is how I think about this update.
Employers were already responsible for completing and maintaining I-9s correctly. ICE is now making it clear that several errors may be treated more seriously when they are discovered during an inspection.
No need to panic. But this is a good reason to take another look at your I-9 process.
Where I Would Start
Start small. Pull a sample of recent forms and look at them with fresh eyes.
Are the dates, signatures, and required fields complete? Is all document information recorded? Were remote examination procedures used correctly? Does the electronic system preserve corrections and maintain a complete audit history?
The form can look complete on your screen while the system behind it is still missing something ICE expects to see.
Then zoom out.
Can you identify incomplete forms across the organization? Who owns corrections and follow-up? Are reverification deadlines being monitored? Are all locations following the same process? Do you have historical forms stored somewhere outside the primary system?
If you find errors, do not simply delete or overwrite the original information. Corrections should be completed through the proper process and preserve a record of what was changed.
Do not panic. Reassess your I-9 strategy.
This update does not mean every employer is headed for an audit. It does mean the room for dismissing certain mistakes as “just paperwork” has gotten smaller.
The best response is better visibility, clear ownership, and a process built to catch exceptions before an inspector does.
Sometimes the most useful first step is having someone who understands I-9 compliance look at a sample of your forms and tell you what they see.
VerifyToday helps employers manage new I-9s, historical records, reverifications, and audit readiness. We are happy to review a sample of your forms or walk through your current process at no cost.
No fear tactics. Just an honest look at what is working, what may be missing, and what you should address next.
