ICE raises the stakes for I-9 mistakes

Filling out the Form I-9 has always been a challenge. But now there are more ways than ever to get seriously tripped up.

Without fanfare, US Immigration and Customs Enforcement (ICE) recently reclassified Form I-9 errors that were previously considered “technical” violations (meaning the employer would have at least 10 business days to make corrections without negative consequences) as “substantive” violations (meaning the employer could be fined).

Errors that are now considered substantive include:

• In Section 1, failures to ensure that the employee fills out:
  • Their date of birth;
  • The date they complete the form;
  • Their Alien Registration Number / US Citizenship and Immigration Services (USCIS) Number; and
• In Section 2, failures to:
  • Provide the date of hire;
  • Date the certification; and
  • Print the complete name and title of the employer or its authorized representative; and
• Use of a Spanish-language version of the Form I-9 outside of Puerto Rico.

The penalties for substantive errors can be significant — ranging from $288 to $2,861 per violation. Civil monetary penalties vary depending on the type of violation and whether the violation is the first or a repeat violation. The base amount can be increased or decreased depending on factors such as business size, good faith, seriousness and more.

Employers should consider conducting regular, voluntary internal audits to identify and correct existing errors.