U.S. Immigration and Customs Enforcement (ICE) recently revised its Form I-9 inspection fact sheet in a way that meaningfully increases employer exposure. The revised guidance is dated March 16, 2026, and was posted without formal notice or rulemaking. It reclassifies a wide range of errors that employers have historically been able to correct without penalty, treating them instead as substantive violations subject to immediate monetary fines.
This change affects every U.S. employer. We are sending this alert because the update is directly relevant to your workforce compliance obligations and warrants a prompt review of your current I-9 practices.
Background: The Technical vs. Substantive Framework
