In March 2026, ICE reclassified various Form I-9 errors, imposing immediate civil penalties on employers who sponsor work visas. This change marks a significant shift from previous practices where employers could correct violations after receiving a notice of inspection.
Key Details:
- New penalties apply immediately for Form I-9 errors.
- Employers sponsoring H-1B, L-1, or O-1 workers are particularly affected.
- ICE’s inspections in the first half of 2025 were ten times higher than in 2024, with over 12,000 new officers added.
- DHS has requested access to federal employment databases for enhanced enforcement.
This reclassification means that an FDNS site visit to verify H-1B petition details can lead directly to an I-9 audit, potentially exposing employers to broader compliance reviews. Immigration compliance is now an ongoing operational responsibility for employers, not just an HR function. Companies that have not conducted a compliance review recently should consider doing so to mitigate risks associated with these changes.
Source: Jasmin Singh