What are the penalties for I-9 violations?

I-9 paperwork violations currently carry civil fines of $288 to $2,861 per form, and knowingly hiring or continuing to employ an unauthorized worker carries $716 to $5,724 per worker for a first offense, rising to $8,586 to $28,619 for a third or later offense. These are the 2025 inflation adjusted amounts, which remain in effect in 2026 because the federal government made no 2026 adjustment, and ICE sets the actual fine within each range using the error rate and five statutory factors.

How often should an employer audit its I-9s?

At least once a year, and after an acquisition, a period of rapid hiring or a change in HR systems. An audit directed by counsel helps keep the findings privileged.

Can we correct errors on old I-9s?

Yes, if done properly: strike through the error, enter the correct information, then initial and date the change, or attach a signed explanatory memo. Never backdate or recreate a form.

I-9 Self Audit Checklist

How to scope an internal I-9 audit and correct forms the way the agencies' guidance describes.

What it is

A self audit lowers the error rate ICE finds and creates a record of good faith, but only if the corrections follow the agencies' own rules. This checklist sets out the scope, the correction method, what never to do and the current penalty ranges, as stated in our guide to I-9 fines.

Who it helps

HR teams preparing an internal Form I-9 review
General Counsel deciding how to structure an audit
Finance leaders sizing the exposure

What is inside

Scope and neutral sampling
How to correct Section 1 and Section 2
What to do about missing forms
The current penalty tables
How ICE sets a fine

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Frequently asked questions

What are the penalties for I-9 violations?
I-9 paperwork violations currently carry civil fines of $288 to $2,861 per form, and knowingly hiring or continuing to employ an unauthorized worker carries $716 to $5,724 per worker for a first offense, rising to $8,586 to $28,619 for a third or later offense. These are the 2025 inflation adjusted amounts, which remain in effect in 2026 because the federal government made no 2026 adjustment, and ICE sets the actual fine within each range using the error rate and five statutory factors.
Accurate as of September 25, 2026 | From I-9 Fines in 2026: Penalty Ranges and How a Self Audit Reduces Exposure
How often should an employer audit its I-9s?
At least once a year, and after an acquisition, a period of rapid hiring or a change in HR systems. An audit directed by counsel helps keep the findings privileged.
Accurate as of November 12, 2026 | From Frequently Asked Questions
Can we correct errors on old I-9s?
Yes, if done properly: strike through the error, enter the correct information, then initial and date the change, or attach a signed explanatory memo. Never backdate or recreate a form.
Accurate as of November 12, 2026 | From Frequently Asked Questions

General information, not legal advice. The tool restates what Samper Law has published and does not replace advice on your own facts. Registering or using it does not create an attorney-client relationship.