[UPDATED 05/12/26] By federal law, you are required to verify that every new hire is legally authorized to work in the United States. That’s what Form I-9 is for, and it’s been that way since the 80s. But now, the language, rules, and fines have changed. Issued by the U.S. Citizenship and Immigration Services (USCIS) and enforced by Immigration and Customs Enforcement (ICE), the new I-9 form is a mandatory document that all employers must complete and retain for each new hire. This form keeps you compliant with immigration and employment laws, and some of the new changes will certainly impact your practice.
Updates to ICE Enforcement of Form I-9
On March 16, 2026, ICE released new guidance that reclassifies several errors. There are two types of errors that could come up during an ICE I-9 audit: technical and substantive. Technical errors are fixable, but substantive violations come with fines ranging from $288 to $2,861 per form.
These are some of the more common errors that used to be considered technical, but are now considered substantive and have stricter penalties:
- Missing date of birth
- Not listing Alien Registration Number, if needed
- Missing the date in Section 1
- Using the Spanish-language I-9 form outside of Puerto Rico
- Missing the name and title of the employer representative that verifies employee’s documents
- Incorrectly recording the List A, B, and/or C documentation
- Forgetting to list the first day of employment under the Certification section
- Missing preparer and/or translator information
- Skipping the alternative procedure box if using remote document verification
- Using remote document verification if you’re not an E-Verify employer
- Using electronic audit trails, signature protocols, or security documentation that don’t meet DHS standards
New I-9 Form Changes and Updates
Aside from changes to enforcement, the language in Form I-9 has been amended recently. On April 3, 2025, USCIS released an updated version of the Form I-9 (edition date 01/20/25), which includes minor language changes and an updated privacy notice. This version will be valid until May 31, 2027.
Here’s what practice owners need to know about the new I-9 form:
- Current editions still valid:
- 08/01/23 edition (valid through May 31, 2027)
- 08/01/23 edition (valid through July 31, 2026)*
*If using electronically, you must switch to a version with a 05/31/2027 expiration date by July 31, 2026.
- E-Verify updates:
The term “A noncitizen authorized to work” has been replaced with “An alien authorized to work” in E-Verify and E-Verify+. - Next steps for employers:
- Confirm your team is using the correct version of the I-9 form.
- Update digital systems accordingly.
- Prep for potential audits or worksite visits by reviewing your current I-9 processes.
HR for Health Makes I-9s Easier and More Compliant
That’s a lot to take in, but the bottom line is that accuracy is extra important now. The idea is to keep tabs on immigration enforcement and get ahead of any possible fraud. For you, that means making a mistake on an I-9 can be expensive, not just time consuming. Thankfully, HR for Health is audit-ready by design. We’ve got the most current I-9 form ready to go and we’ll walk you through the process to complete it. Once they’re filled out, we’ll store them properly so if ICE comes knocking, you’ll have all the paperwork they’re looking for.
So what now? First, check your practice’s compliance risk level. Then, when you find your compliance gaps (pretty much every practice has a few) give us a call. We’ll help you avoid those costly mistakes.
