Who We Serve
Organizations
For Organizations
Global mobility for teams of any size
Resources
Every U.S. employer must verify that its employees are authorized to work, and Form I-9 is how that verification is documented. Two developments in 2026 raised the stakes:
This guide covers what the rules require, what changed, and how to reduce risk.
Employers must complete Form I-9 for every employee hired in the United States after November 6, 1986, including U.S. citizens. ICE, through Homeland Security Investigations, conducts inspections. The Department of Justice enforces anti-discrimination rules, so employers must verify every employee the same way and let employees choose which acceptable documents to present.
Key rules:
On March 16, 2026, ICE updated its inspection guidance and expanded the list of errors it treats as substantive.
The distinction matters. After ICE gives notice, employers get at least 10 business days to correct technical or procedural failures. Substantive violations have no correction period and can lead directly to proposed fines.
Examples of errors now treated as substantive:
| Form I-9 area | Examples of potentially substantive errors |
|---|---|
| Section 1 | Missing date of birth or incomplete employee signature information |
| Section 2 | Missing or incorrect document title, issuing authority, document number, or expiration date |
| Section 2 | Missing employee start date or employer representative information |
| Section 2 | Missing certification date |
| Supplement A | Incomplete preparer or translator certification |
| Supplement B | Missing required rehire information |
| Remote verification | Failure to follow the authorized alternative examination procedure |
| Electronic records | Failure to satisfy applicable federal electronic I-9 system requirements |
One change stands out: keeping copies of supporting documents no longer makes missing Section 2 document details a correctable technical error.
The update is enforcement guidance, not a new statute or regulation, and some practitioners have questioned it. It still shows how ICE will review your records.
An inspection starts with a Notice of Inspection. Employers have at least three business days to produce their Forms I-9, and ICE may also request payroll records and employee lists. After its review, ICE may find the employer compliant, list correctable errors, or issue a Notice of Intent to Fine. The employer then has 30 calendar days from receipt to request a hearing.
Penalties. Paperwork violations carry fines of $288 to $2,861 per violation under the 2025 DHS schedule. OMB canceled the 2026 inflation adjustment, so these amounts still apply. Knowingly hiring or keeping unauthorized workers carries higher penalties that rise with repeat violations. ICE sets the final amount using five factors: business size, good faith, seriousness of the violation, whether unauthorized workers were involved, and violation history.
Fix errors before an inspection. Correct forms transparently and never backdate or conceal changes. If a form was never completed, complete it now with current dates and note why it is late.
Before October 30, 2025, employees in certain EAD categories who filed timely renewals received an automatic extension of up to 540 days. DHS ended that for renewals in those categories filed on or after October 30, 2025, and finalized the rule without changes on October 14, 2026. For affected employees, a pending renewal alone no longer allows them to keep working after the EAD expires.
Some extensions still apply:
Reverification is completed in Supplement B no later than the date temporary work authorization expires. Do not reverify U.S. citizens, permanent residents whose green card expires, or List B identity documents. Unnecessary reverification creates discrimination risk.
Track the date that actually governs work authorization. For example, an expired visa stamp does not end work authorization for an employee who remains in valid status in the United States.
Plan for international travel. Each time a nonimmigrant employee re-enters the United States, CBP issues a new Form I-94, and its expiration date may differ from the previous one. Employers cannot monitor travel directly, so ask sponsored employees to tell HR or immigration counsel about upcoming trips and to share their new I-94 when they return. This keeps immigration planning current. For Form I-9 reverification, rely only on the documents the employee chooses to present. Travel can also affect pending applications, so employees should check with immigration counsel before leaving the country while a change of status or green card application is pending.
For sponsoring employers, a late renewal or an extension HR does not know about can turn into a work authorization gap. Casium keeps immigration filings, deadlines, and case information in one place, so HR, legal, and mobility teams can plan renewals and spot potential gaps early. Casium is not a Form I-9 system. Immigration case files should never be used to complete or reverify Form I-9: the I-9 must be based only on the documents each employee chooses to present.
Managing a sponsored workforce? Book a demo with our team.
This article provides general information about federal employment verification requirements as of October 29, 2026. It is not legal advice. Consult qualified immigration or employment counsel about your specific circumstances.
Yes. Employers must complete Form I-9 for every employee hired in the United States after November 6, 1986, including U.S. citizens.
Only qualified E-Verify employers using the DHS alternative procedure. All other employers must examine documents in person.
It depends. Renewals in the affected EAD categories filed on or after October 30, 2025 no longer get an automatic extension, but the employee may qualify under one of the exceptions or have another basis to work.
Federal law does not require a set schedule. An annual audit, plus one after any major change, is a common best practice, especially for employers that hire often or sponsor visas.
Immigration news, policy explanations, and upcoming events.
No spam. Unsubscribe anytime.
The modern standard for business immigration: a licensed law firm, technology platform, and service partner in one.
Immigration news, policy explanations, and upcoming events.
