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ARTICLE · 21 OCTOBER 2026

Forms, Fines, And Functionality: What ICE’s Latest I-9 Inspection Update Means For Employers

Seyfarth Shaw LLP
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ICE has updated its Form I-9 inspection guidance for the second time in 2026, introducing a new notice for expired work authorization and clarifying penalty calculations. The update provides critical insight into audit procedures, electronic system requirements, and the stricter enforcement framework that reclassified common Form I-9 errors from technical to substantive violations.

United StatesImmigration
Dawn Lurie
Dawn Lurie
John Mazzeo
John Mazzeo
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The second update this year reveals changes in the audit process and associated procedures.

ICE has quietly updated its Form I-9 inspection guidance for the second time this year. The August 31, 2026 update to the Form I-9 Inspection Under Immigration and Nationality Act § 274A Fact Sheet does not change the substantive and technical violation framework announced earlier this year, but it offers useful insight into how ICE intends to conduct audits and assess employer compliance.

The most notable change is a new Notice of Expired or Rescinded Immigration Status and/or Employment Authorization, which may be issued when an employee loses work authorization after an audit begins. ICE states that this notice does not, by itself, allege employer wrongdoing, but it signals the agency’s continued focus on work authorization issues that arise during audits.

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