I-9 Substantive Violation Audit Checklist

What it is

On March 16, 2026, ICE moved roughly fifteen categories of Form I-9 error from technical to substantive. This checklist lists them by section of the form, as our analysis reports them, with the four errors that remain curable and the file wide checks that analysis recommends.

Who it helps

• General Counsel and HR teams whose last I-9 audit predates March 2026
• Companies that grew by acquisition or onboard in several offices
• Employers that have used remote document examination

What is inside

• The fifteen errors, grouped by section of the form
• The four errors that remain technical
• File wide checks on E-Verify standing, reverification and the form edition
• The deadlines that run once a Notice of Inspection arrives

Frequently asked questions

• What is the difference between a technical and a substantive I-9 violation?

  Technical errors are paperwork mistakes an employer may be allowed to correct; substantive violations are fined without a correction period. Since March 2026, ICE treats several common errors as substantive.

  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

• Is E-Verify mandatory?

  It is required for federal contractors whose contracts include the E-Verify clause and for employers in states that mandate it. We advise on enrollment and ongoing compliance.

  Accurate as of November 12, 2026 | From Frequently Asked Questions