I-9 Compliance
and Worksite Enforcement
What Samper Law has published on Form I-9 practice, inspections and work authorization, with the date each point was accurate and a link to the analysis behind it.
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 | From I-9 Fines in 2026: Penalty Ranges and How a Self Audit Reduces Exposure
What currently applies
ICE moved roughly fifteen categories of I-9 error from technical to substantive on March 16, 2026 by editing a web page. Each one is now immediately fineable at $288 to $2,861 per form.
When does work authorization end if my EAD renewal is still pending?
It depends on your category and when you filed. If your work authorization depends on the EAD, it generally ends on the card's expiration date unless the renewal is approved first, for renewals filed on or after October 30, 2025. People authorized to work incident to their status, such as refugees, granted asylees and E and L spouses, keep that authorization even when the card expires. Earlier filings and extensions provided by law or by TPS notice follow their own rules.
Accurate as of | From DHS Made the End of Automatic EAD Extensions Final. The Argument That Won in Court Just Got Harder.
Primary sources- DHS, Removal of Automatic Extensions for Certain Employment Authorization Documents, final rule, 91 FR 65306 (Oct. 14, 2026), Federal Register document 2026-20955, Docket USCIS-2025-0271, RIN 1615-AD05.
- DHS, Removal of the Automatic Extension of Employment Authorization Documents, interim final rule, 90 FR 48799 (Oct. 30, 2025).
- 8 CFR 274a.13(d) and (e).
TPS for Ukraine and Sudan was scheduled to end October 19, 2026. DHS published neither an extension nor a termination, and USCIS says holders keep their protection and work authorization. The TPS statute says a designation that is not terminated is extended by six months. What that means for roughly 103,000 workers, and what employers should and should not do on the Form I-9 while the government is silent.
Accurate as of | From Ukraine and Sudan TPS Passed October 19 With No Decision. The Statute Has an Answer. Your I-9 Does Not Yet.
Primary sources- 8 U.S.C. 1254a(a)(2), (b)(3)(A), (b)(3)(B) and (b)(3)(C).
- Extension of the Designation of Ukraine for Temporary Protected Status, 90 FR 5936 (Jan. 17, 2025), designation through October 19, 2026.
- Extension of the Designation of Sudan for Temporary Protected Status, 90 FR 5944 (Jan. 17, 2025), designation through October 19, 2026.
Every article on this topic, newest first
- UpdateUkraine and Sudan TPS Passed October 19 With No Decision. The Statute Has an Answer. Your I-9 Does Not Yet.
- UpdateDHS Made the End of Automatic EAD Extensions Final. The Argument That Won in Court Just Got Harder.
- GuideI-9 Fines in 2026: Penalty Ranges and How a Self Audit Reduces Exposure
- ToolICE Served a Notice of Inspection. Your Three Day Response Checklist.
- BriefICE Rewrote the I-9 Rules Without Telling Anyone. Fifteen Errors That Used to Be Free Now Cost You $2,861 Each.
Frequently asked questions
What should a company do after an ICE I-9 Notice of Inspection?
After an ICE Notice of Inspection, a company has at least three business days to produce the Forms I-9 and supporting records the notice requests (8 CFR 274a.2(b)(2)(ii)), so it should call counsel the same day, confirm the exact deadline and scope in writing, and gather the forms exactly as they exist. It must never backdate, alter, or quietly "fix" forms before production, because concealed changes turn paperwork problems into far more serious exposure, while ICE's own process gives employers a separate chance to correct technical errors after the inspection.
Accurate as of | From ICE Served a Notice of Inspection. Your Three Day Response Checklist.
Is the end of automatic EAD extensions now final?
Yes, as a matter of rulemaking. On October 14, 2026, DHS published a final rule at 91 FR 65306, effective that day, adopting the October 30, 2025 interim rule that ended the automatic extension of up to 540 days for EAD renewals. "Final" describes the rule's status; it can still be challenged in court.
Which workers are most affected by the end of automatic EAD extensions?
Workers whose authorization depends on the card: adjustment of status applicants (C09), H-4 spouses (C26) and pending asylum applicants (C08). Refugees and granted asylees are authorized incident to status and are in a different position. Spouses in E and L status are not affected, because their authorization comes with their status.
This article is provided for general informational purposes only and does not constitute legal advice, nor does it create an attorney-client relationship. Immigration law and agency policy change frequently; the analysis above reflects our understanding as of the date noted. Readers should consult counsel regarding their specific circumstances.