The following article was first posted in the Insights section of Harris Beach Murtha’s website. It is reposted here with permission.
For decades, employers have relied on a crucial distinction in Form I-9 compliance: the difference between a technical error and a substantive violation.
Technical errors could often be corrected during a government audit, while substantive violations typically resulted in fines and penalties.
That distinction has now become significantly more important.
In March 2026, U.S. Immigration and Customs Enforcement issued updated Form I-9 inspection guidance that substantially expands the types of errors classified as substantive violations.
The practical effect is that many mistakes previously viewed as correctable paperwork deficiencies may now expose employers to immediate civil penalties.
For employers across all industries, particularly those with large workforces or frequent hiring activity, the new guidance dramatically increases the importance of proactive I-9 compliance.
The Immigration Reform and Control Act requires employers to verify the identity and employment authorization of every employee hired in the U.S. through the completion of Form I-9.
When ICE conducts an audit, employers generally receive three business days to produce Forms I-9 and supporting documentation.
Technical or procedural errors historically could be corrected within a designated period, while substantive violations could result in fines.
ICE’s March 2026 fact...
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