All employers in the U.S. are required to verify that employees are authorized to work by completing Form I-9. This form must be filled out correctly by both the employee and the employer, just like any other legal document.

What Has Changed

Previously, small mistakes, such as a missing date or an unchecked box, were typically treated as “technical errors” and could be corrected without penalty if addressed promptly.

That flexibility is shrinking.

Recent guidance from U.S. Immigration and Customs Enforcement (ICE) expands the definition of a “substantive violation,” meaning more errors can now result in fines. Even routine administrative issues, such as missing information, timing errors, or improper document handling, are more likely to have consequences.

Increased Enforcement

At the same time, enforcement is picking up. ICE is increasing workplace audits and inspections, often with less advance notice, and placing greater scrutiny on incomplete or inconsistent records. There is also a stronger focus on patterns of noncompliance across forms.

A single mistake may not raise concern, but repeated errors, even small ones, can quickly add up and significantly increase an employer’s overall liability.

Examples of Substantive Violations

According to the fact sheet on ice.gov that was recently updated, (https://www.ice.gov/factsheets/i9-inspection) substantive violations include:

• Failure to prepare Form I-9 in a timely way.
• Utilizing the Spanish-language version of the Form I-9 outside of Puerto Rico.
• Failure to meet the standards for electronic completion and retention.
• Section 1Missing information such as date of birth, signature dates, USCIS/Alien number, signature/title, expiration dates, and incomplete/incorrect information on employee attestation
• Section 2 – missing employer name/title, incomplete document information in List A, B and C (i.e. expiration dates, issuing authority, or full title of document).  Alternative Procedure is used when not authorized to use the alternative procedure.

This policy shift comes amid heightened enforcement activity, with ICE increasing worksite inspections and showing less tolerance for incomplete or inconsistent documentation. The agency is also placing greater focus on patterns of noncompliance, meaning repeated minor errors across a workforce can significantly increase overall liability.

What Employers Should Do

This shift makes consistency more important than ever. Employers should take a closer look at their I-9 processes and tighten where needed:

• Conduct regular internal I-9 audits
• Train HR staff and managers in proper completion
• Use the most current version of Form I-9
• Standardize onboarding processes across locations
• Carefully document all corrections
• Review electronic I-9 systems for compliance

Bottom Line

I-9 compliance is becoming less forgiving. What were once minor oversights are now more likely to carry real risk, making a disciplined and consistent approach essential.

AIM HR Solutions can help. We offer I-9 audits and training to ensure your forms are compliant before an audit occurs. Reach out to learn more.