ICE Expands Form I-9 Substantive Violations: Critical Updates for Employers
Summary: U.S. Immigration and Customs Enforcement (ICE) has revised its Form I-9 inspection guidelines, reclassifying several common technical errors as substantive violations that can trigger immediate penalties.
A recently published revised Fact Sheet from U.S. Immigration and Customs Enforcement (ICE) has significantly expanded the list of errors classified as "substantive" paperwork violations on the Form I-9. Departing from decades-old guidelines, ICE has reclassified many errors previously considered "technical"—which could be corrected within 10 days without penalty—into substantive violations that carry immediate risk of fines during an audit.
Notable new substantive violations include failing to ensure the employee provides a date of birth, missing the employer's complete name and title, and failing to document List A-C document details even if a copy is attached. Additionally, the new guidance introduces penalties for failing to mark the alternative procedure box when using remote document examination and failing to meet electronic completion standards.
This policy shift drastically increases liability for U.S. employers. With workplace enforcement actions and I-9 audits on the rise, businesses must be proactive in ensuring strict compliance to avoid substantial financial penalties.
Source: McGuireWoods