For nearly 30 years, employers relied on a degree of leniency from Immigration and  Customs Enforcement (ICE) when it came to clerical errors on Form I-9. Under the long standing policy, many mistakes, like a missing date of birth or a missing date of hire, were  classified as “technical or procedural,” allowing businesses a 10-day window to correct them before facing fines. Recent guidance, published by ICE on its website without notice  to stakeholders, dramatically changes this practice. 

This new memo, issued by ICE on March 16, 2026, fundamentally redefines I-9  compliance. Mistakes that did not affect the validity of the employment verification  process and were previously considered “fixable” are now substantive violations, meaning  they can trigger immediate financial penalties without an opportunity to correct them.  

The New Substantive Violations 

The most significant shift in the new version of the memo is the narrowing of the definition  of “technical failures” and expansion of the list of errors that now count as a substantive  violation. The following are now all considered substantive paperwork violations: 

• Employee Information (Section 1): Failure to provide a maiden name, date of birth,  or the date of the Section 1 attestation. 
• Documentation & Verification (Section 2): Missing document titles, ID numbers,  or expiration dates for Lists A, B, or C; Missing the employee’s first day of  employment; Failure to sign or date Section 2. 
• Spanish Language Version: Using the Spanish-language version of Form I-9 outside  of Puerto Rico. 
• Preparer/Translator Info: Missing signatures, names, or addresses for preparers  and translators. 

Remaining Technical Failures 

The memo lists the following errors as technical violations that can be cured within 10 days  of notice: 

Section 1 

• Failure to use a version of Form I-9 that is current at the time any part of the form is  initially completed.
• Failure to ensure that an individual provides his or her other last names used (if any)  or a physical address in Section 1 of the Form I-9.  
• Failure to, when enrolled and utilizing E-Verify for the employee, ensure that the  employee’s Social Security Number is correct. 

Section 2 

• Failure to record the employee’s complete name at the top of page 2.
•  Failure to provide the business name, or physical business address in Section 2 of  the Form I-9. 

Supplement A 

• Failure to record the employee’s full name at the top of Supplement A. 

Supplement B 

• Failure to record the employee’s full name at the top of Supplement B. • Failure to record the employee’s new name (if applicable) in the applicable section. 

Impact on Employers 

The financial impact of the expanded list of substantive violations can be severe. As of April  2026, the current ICE fine guidelines for substantive Form I-9 violations (including  uncorrected technical errors) range from $288 to $2,861, based on the number of  substantive violations per form.  

To mitigate the risk of a substantial fine, we recommend: 

• Conduct an Internal Audit: Review your current I-9s, specifically looking for missing  signatures, dates, etc. 
• Training Update: Ensure your HR team understands that “minor” errors are now  “major” liabilities. 

Meltzer Hellrung can assist employers in reducing compliance risk and mitigate financial  exposure by conducting independent Form I-9 audits to identify and remediate errors  before a Notice of Inspection (NOI) is ever issued. Our team provides expert guidance on  correcting technical failures and developing robust documentation to support the  company’s good faith compliance efforts. Please contact your Meltzer Hellrung  professional for more information.