The Costs of Form I-9 Mistakes Just Went Up Drastically for Employers

The U.S. Immigration and Customs Enforcement (ICE) recently posted a new factsheet making significant changes to Form I-9 inspections and which “mistakes” are correctable under the Immigration and Nationality Act § 274A (“Immigration Act”). ICE reclassified many Form I-9 errors from “technical” to “substantive.” The impact is that clerical mistakes that employers formerly could correct during a Form I-9 audit are no longer correctable and instead are subject to immediate fines during a Form I-9 audit.