New 2026 I-9 Rules: Which Errors Can Now Trigger ICE Penalties?

Overview:

Form I-9 mistakes that employers once viewed as correctable technical errors may now carry much greater consequences.

On March 16, 2026, ICE revised its Form I-9 inspection guidance and expanded the types of errors classified as substantive violations. For employers, this means certain mistakes that previously came with an opportunity to correct them during an inspection may now expose the organization to penalties without that same cure opportunity.

Months later, many employers are still trying to determine which errors have changed, what should be corrected before an ICE inspection, and whether existing I-9 practices are creating hidden liability. For organizations maintaining hundreds or thousands of forms, repeated onboarding or verification mistakes can quickly turn into significant financial exposure.

The compliance picture has also continued to evolve, with recent Temporary Protected Status (TPS), employment authorization, and reverification developments creating additional I-9 questions for HR teams.

This webinar will help employers understand where I-9 risk has shifted in 2026, which errors now deserve immediate attention, how current penalties can affect the organization, and how an internal I-9 audit and stronger onboarding practices can help uncover problems before ICE does. Drawing on her years of experience helping employers navigate Form I-9 compliance, Margie will translate these changes into practical steps HR and compliance teams can apply to their own processes and existing I-9 records.

Areas covered in the session:

• Learn what the specific changes in Substantive errors are and what Employers can do to mitigate them
• Learn what the Technical errors that were protected are now switched to Substantive errors
• Learn how the fines and penalties have increased and how immediate the payments are
• Learn how the Temporary Protected Status impacts the I-9 form changes as well as workplace requirements
• Learn how to develop an internal I-9 form audit based on the new changes in error definitions
• Learn what the actual penalties are and the amount of fines that are incurred
• Learn how Employers can use several action steps to decrease liability
• Learn how training is a huge factor when including onboarding teams to learn the new changes
• Learn how conducting an internal I-9 audit now will reduce the potential of ICE audits if ICE audits I-9 forms

To support implementation of the concepts discussed during the webinar, attendees will receive the following handouts:

• Form I-9 Error Triage Workbook: Real-World Cases Under ICE’s 2026 Rules
• Internal I-9 Audit Simulation book: You Have 500 I-9s — What Do You Review First?

Why Should You Attend?

Form I-9 mistakes that once seemed routine may now carry greater consequences under ICE’s 2026 enforcement approach. If your organization is still relying on older assumptions about technical errors and correction opportunities, this session will help you understand where the risk has changed and which mistakes deserve closer attention.

You will learn how the updated substantive-error classifications can affect existing I-9 records, what current penalties may mean for employers, and why conducting an internal audit before an ICE inspection can be far more valuable than discovering problems after records have been requested.

The session will also address current TPS, employment authorization, and reverification concerns that HR teams are dealing with in 2026. With Margie’s years of hands-on experience helping employers manage I-9 compliance, you will leave with practical guidance you can apply to your own onboarding, verification, training, and audit processes.

Who Will Benefit?

This webinar is designed for professionals responsible for Form I-9 compliance, employment eligibility verification, onboarding, internal audits, and responding to ICE or immigration-related compliance issues. It will be especially valuable for those responsible for reviewing or correcting I-9 practices across their organization, including:

• HR Directors
• HR Managers
• HR Compliance Managers
• Human Resources Business Partners
• HR Operations Managers
• People Operations Leaders
• Employee Relations Managers
• Immigration Compliance Managers
• Form I-9 Compliance Specialists
• E-Verify Program Administrators
• Onboarding Managers
• Onboarding and Employment Verification Specialists
• Talent Acquisition Managers responsible for onboarding compliance
• Corporate Immigration Managers
• Employment Law Counsel
• In-House Employment Counsel
• Immigration Counsel
• Compliance Officers
• Internal Audit Professionals responsible for HR compliance
• HR Risk and Compliance Professionals