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ICE Redefines "Substantive" I-9 Violations, Expanding Employer Penalty Exposure

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ICE Redefines "Substantive" I-9 Violations, Expanding Employer Penalty Exposure

Content Summary

ICE quietly updated its Form I-9 inspection fact sheet in March 2026, reclassifying several common errors from technical to substantive violations. Employers who previously relied on the 10-day correction window for missing dates, hire dates, and preparer fields now face immediate fines. This guide breaks down exactly what changed, which errors were reclassified, new standards for electronic I-9 systems and remote verification, and what employers should do now to reduce their exposure.

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