Recent updates to ICE’s Form I-9 Inspection Fact Sheet significantly increase employers’ penalty exposure by reclassifying many previously curable paperwork errors as substantive violations subject to immediate fines.
U.S. Immigration and Customs Enforcement changed the classification for some Form I-9 errors on March 16. Previously, ICE treated many routine minor errors, such as forgetting to insert a date, as technical or procedural violations. It gave employers who made such errors a Notice of Inspection and 10 business days to make a correction. ICE’s updated Fact Sheet reinforces that the Form I-9 must be complete and compliant on its face at the time of inspection. There is audit risk even where employers acted in good faith or kept supporting documentation.
Members of the Center for Workplace Compliance (CWC), our affiliated nonprofit membership association, can read more here.