I-9 Compliance Lawyers for Employers: Audits, ICE Inspections & E-Verify
Every U.S. employer must verify the identity and work authorization of every new hire on Form I-9 — and in 2026, errors that used to be fixable are now finable. Herman Legal Group helps employers audit and correct their I-9s, respond to ICE Notices of Inspection, use E-Verify correctly and prepare for worksite enforcement, without discriminating against the workers they are trying to keep.
Reviewed by Richard T. Herman, Esq. · September 28, 2026
What Form I-9 Compliance Requires
Direct answer: Form I-9 compliance means that, for every person hired to work in the United States since November 6, 1986, the employer has a properly completed Form I-9 verifying identity and employment authorization, reverifies temporary work authorization before it expires, retains the forms for the required period and produces them when the government asks. The duty applies to every employer regardless of size, and to U.S. citizens as well as foreign workers.
| Requirement | Rule |
|---|---|
| Section 1 | The employee completes and signs no later than the first day of work for pay. |
| Section 2 | The employer physically examines original, unexpired documents from the Lists of Acceptable Documents and completes Section 2 within three business days of the first day of work. The employee chooses which acceptable documents to present. |
| Remote examination | Only employers enrolled in E-Verify and in good standing may use the DHS alternative procedure (live video review, retained copies, and the “alternative procedure” box checked). |
| Reverification | Temporary employment authorization (for example, an expiring EAD) must be reverified on Supplement B by the expiration date. Do not reverify U.S. citizens, green card holders’ cards or List B identity documents. |
| Current form | Use the 01/20/25 edition (expiration 05/31/2027). |
| Retention | Keep each I-9 for three years after the date of hire or one year after employment ends, whichever is later. Store I-9s separately from personnel files. |
What ICE Changed in 2026
Federal law gives employers a 10-business-day “good faith” window to correct technical or procedural I-9 errors before a fine. On March 16, 2026, ICE updated its Form I-9 inspection guidance, replacing standards that had applied since 1997, and moved many everyday mistakes into the substantive category, where the good-faith defense is unavailable. Errors now treated as substantive include:
- Missing employee date of birth, USCIS or A-number, or the date next to the employee’s signature
- Missing first day of employment, or an undated Section 2 certification
- Incomplete Section 2 document title, number, issuing authority or expiration date — even when document copies are retained
- Spanish-language Form I-9 used outside Puerto Rico
- Failures in the E-Verify alternative (remote) procedure and deficiencies in electronic I-9 systems
The practical result: forms that an employer once could have corrected during an inspection can now produce fines on day one. The time to find and fix these problems is before ICE asks for the forms. Earlier HLG coverage of I-9 fines and rising inspections explains how enforcement ramped up in 2025.
I-9 Fines and Penalties
Civil penalties are adjusted for inflation. The amounts below reflect the adjustment published January 2, 2025, which remained current as of September 2026. ICE sets the amount within each range using factors such as business size, good faith, seriousness, whether unauthorized workers were involved and prior violations.
| Violation | Penalty range |
|---|---|
| Paperwork (substantive or uncorrected technical) | $288 – $2,861 per Form I-9 |
| Knowingly hiring or continuing to employ unauthorized workers — first offense | $716 – $5,724 per worker |
| Knowing hire — second offense | $5,724 – $14,308 per worker |
| Knowing hire — third or later offense | $8,586 – $28,619 per worker |
| Unfair documentary practices (asking for too many or specific documents) | $236 – $2,364 per individual |
A pattern or practice of knowingly hiring unauthorized workers can also bring criminal penalties, and harboring or document fraud are separate federal crimes. Businesses with many forms can face six- or seven-figure exposure from paperwork errors alone.
What to Do When ICE Serves a Notice of Inspection
An I-9 inspection begins when Homeland Security Investigations (HSI) serves a Notice of Inspection (NOI). The employer must generally produce its I-9s within three business days, and ICE may also request payroll records, a list of current employees, articles of incorporation and business licenses.
Call counsel immediately
Note the date served and the production deadline. An attorney can communicate with HSI and, where justified, request additional time.
Gather — don’t alter
Collect every I-9 and requested record. Never backdate, destroy or recreate forms; that turns a paperwork case into a much more serious one.
Review before producing
Counsel reviews the forms to understand exposure, identify missing I-9s and prepare for the results.
Produce correctly
Produce what is requested, in an organized way, and keep an exact copy of the production.
Handle the results
ICE may issue a Notice of Technical or Procedural Failures, a Notice of Suspect Documents, a Notice of Discrepancies, a warning notice or a Notice of Intent to Fine.
Negotiate or contest
A Notice of Intent to Fine can be negotiated or contested before an administrative law judge. Deadlines are short, so act quickly.
A Notice of Suspect Documents means ICE believes certain employees are not authorized to work. How the employer responds — and how it communicates with those employees — carries both enforcement and discrimination risk. We help employers follow the required steps while treating workers lawfully and respectfully.
Internal I-9 Audits: Find and Fix Problems First
A privileged internal audit, directed by counsel, is the most effective way to reduce exposure. We review all current and required former-employee forms (or a statistically sound sample for very large employers), identify missing forms and substantive and technical errors, and correct what can lawfully be corrected — with the corrections dated and initialed, never backdated.
- Don’t over-correct: requesting new documents from employees only because of a paperwork error, or only from employees who appear foreign-born, can itself violate the anti-discrimination provisions enforced by the Justice Department’s Immigrant and Employee Rights Section.
- Document the audit: a memo explaining corrections and a written I-9 policy show good faith if ICE later inspects.
- Train the people who complete Section 2: most errors come from rushed onboarding at multiple locations.
- Check your software: electronic I-9 systems must meet federal standards for signatures, audit trails and retrieval.
E-Verify
E-Verify is the federal online system that compares I-9 information with DHS and Social Security records. It is voluntary for most private employers but required for many federal contractors under the FAR E-Verify clause and for some employers under state law. E-Verify does not replace Form I-9. Enrollment brings obligations of its own: creating cases within the required time, handling tentative nonconfirmations (mismatches) under the program’s rules, and never using E-Verify to prescreen applicants. It also makes the remote document-examination procedure available. See our E-Verify compliance checklist for HR.
Worksite Enforcement Readiness
Worksite enforcement expanded sharply in 2025 and 2026. An I-9 inspection is a records audit; a worksite operation, in which agents arrive to question or arrest workers, is different and far more disruptive. Employers should plan for both:
- Designate a point person and a lawyer to call, and train front-desk staff on what to do when agents arrive.
- Know the difference between warrants: a judicial warrant signed by a judge generally authorizes entry into the areas it describes; an administrative ICE warrant generally does not authorize entry into non-public areas without consent. Never physically obstruct agents or hide workers.
- Protect the business and its people: keep records organized, protect privileged documents, and plan for continuity if employees are detained.
Read more in ICE raids and workplace I-9 audits: employer preparation, the 2025 surge in worksite enforcement and the business impact of ICE raids in Columbus. If an employee is detained, HLG’s immigration detention lawyers can advise on bond and release, subject to a conflict check.
What Herman Legal Group Does for Employers
- Privileged internal I-9 audits, correction plans and written I-9 policies
- Notice of Inspection response, production review and communication with HSI
- Responses to Notices of Suspect Documents, Discrepancies and Technical or Procedural Failures
- Negotiation of Notices of Intent to Fine and representation in contested cases
- E-Verify enrollment, remote-examination procedures and tentative nonconfirmation handling
- HR and manager training, including anti-discrimination rules, in English and other languages
- Worksite enforcement readiness plans and, for the right workers, sponsorship through temporary work visas such as H-1B and employment-based green cards including PERM
We accept employer engagements after a conflict check. Because HLG also represents individual immigrants, we confirm before any engagement that representing your company does not conflict with the firm’s duties to existing clients.
Our Employer Compliance Team
Richard T. Herman, Esq. founded Herman Legal Group in Cleveland in 1995 and has more than 30 years of immigration-law experience, including advising businesses that depend on immigrant talent. He is co-author of Immigrant, Inc. Learn why clients trust Richard. HLG’s employer compliance team includes:
Ruijie Zhang (“Jessica”)
Of Counsel · Business Immigration. Advises businesses from small and midsized companies to Fortune 500 employers on employment-based immigration, PERM and O-1 and EB-1 matters. Speaks and writes Chinese.
Vania Stefanova
Leads HLG’s Immigration Litigation Division. Brings litigation experience in removal defense and appeals to contested enforcement matters. Fluent in Russian and Bulgarian, with working knowledge of French, Serbian, Croatian and Macedonian.
Luis C. Villarroel
Leads HLG’s Columbus-area office in Worthington. Background in family and employment immigration, removal defense and criminal law. Communicates in English and Spanish.
Tameem Ansari
Associate Attorney, Cleveland. Experience with visa applications, family petitions, asylum and removal defense. Speaks Dari and Pashto.
HLG has offices in Cleveland and the Columbus area. Form I-9 rules are federal, so we advise employers throughout the United States, and consultations are available in person or remotely.
What to Bring to an I-9 Compliance Consultation
- Any Notice of Inspection, subpoena, Notice of Suspect Documents or Notice of Intent to Fine, with the date it was served
- Number of employees and worksites, and who completes Section 2 at each location
- Whether you use paper or electronic I-9s, and whether you are enrolled in E-Verify
- Your current I-9 policy, onboarding checklist and any prior audit results
- Federal contracts or state-law requirements that may require E-Verify
I-9 Compliance Questions from Employers
What should an employer do after receiving an ICE Notice of Inspection?
Contact an immigration attorney the same day. The employer generally has three business days to produce its Forms I-9, and ICE may also request payroll, employee lists and business records. Gather the records without altering, backdating or destroying anything, have counsel review them before production, and keep an exact copy of what you produce. Counsel can communicate with Homeland Security Investigations and, where justified, request more time.
How much are I-9 fines in 2026?
Paperwork violations currently carry civil penalties of $288 to $2,861 per Form I-9, based on the inflation adjustment published January 2, 2025, which remained current as of September 2026. Knowingly hiring or continuing to employ unauthorized workers carries $716 to $5,724 per worker for a first offense, rising to $8,586 to $28,619 for a third or later offense. ICE considers business size, good faith, seriousness and history.
What changed in ICE’s I-9 rules in March 2026?
On March 16, 2026, ICE updated its Form I-9 inspection guidance and reclassified many common errors as substantive violations, including a missing date of birth, an undated signature, a missing first day of employment and incomplete Section 2 document details even when copies are retained. Substantive violations can be fined immediately; the 10-business-day good-faith correction period applies only to technical or procedural errors.
Can we fix old I-9 mistakes ourselves?
Many errors can be corrected, but how matters. Corrections should be made by striking through the error, entering the correct information, and initialing and dating the change on the current date, never backdating. Missing forms should be completed now and dated now. Asking employees for new documents only because of a paperwork error, or only from certain employees, can create discrimination liability. A privileged, attorney-directed audit is the safest approach.
Is E-Verify mandatory?
Not for most private employers. E-Verify is required for many federal contractors under the FAR E-Verify clause and for some employers under state law. Employers that enroll must follow the program’s rules, including creating cases on time, handling tentative nonconfirmations properly and never using E-Verify to prescreen applicants. E-Verify does not replace Form I-9, but enrollment allows the DHS remote document-examination procedure.
How long must we keep Forms I-9?
Keep each Form I-9 for three years after the date of hire or one year after employment ends, whichever is later, and make it available for inspection. Store I-9s separately from general personnel files, and keep any document copies with the form. Forms for people who were never hired do not need to be kept, and forms past their retention date can be securely destroyed under a written policy.
Can an employer refuse a document the employee chooses to present?
Generally no, if the document appears genuine, relates to the employee and is on the Lists of Acceptable Documents. Employees choose which acceptable document or documents to present. Requesting specific documents, more documents than required, or different documents based on citizenship or national origin can be an unfair documentary practice enforced by the Justice Department’s Immigrant and Employee Rights Section.
Does HLG represent both employers and workers?
HLG represents individual immigrants and, after a conflict check, employers. Before accepting an employer engagement, we confirm that representing the company does not conflict with the firm’s duties to existing clients. Consultations with HLG attorneys are confidential and available in person in Cleveland or the Columbus area, or remotely.
Protect Your Business Before ICE Asks
Whether you want a privileged audit or have just been served a Notice of Inspection, talk with an HLG attorney about your exposure and the next steps.
Primary Sources
- 8 U.S.C. 1324a: unlawful employment of aliens, including the good-faith correction period
- 8 CFR Part 274a: Form I-9 verification, retention, inspection and penalties
- DHS civil monetary penalty inflation adjustments (Jan. 2, 2025)
- ICE: Form I-9 inspection overview
- USCIS: Form I-9, Employment Eligibility Verification
- E-Verify.gov
- U.S. Department of Justice: Immigrant and Employee Rights Section
- Morgan Lewis: ICE rewrites the rules on Form I-9 violations (April 2026)
Reviewed by Richard T. Herman, Esq. on September 28, 2026. This page is general information, not legal advice for your business.