Legal Alert: Form I-9 Update from ICE: Common mistakes are no longer correctable and may now lead to penalties

LEGAL ALERT

On March 16, 2026, Immigration and Customs Enforcement (ICE) updated its Form I-9 Inspection guidance, changing how the agency classifies certain Form I-9 errors during employer audits. Although the underlying Form I-9 requirements remain the same, several errors that were considered “technical or procedural” are now treated as “substantive,” which may result in penalties without an opportunity to correct them.

For a chart of these reclassified errors and recommended next steps, please see this article from Jackson Lewis P.C.

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Need Legal Advice?

If you are a PBPO client and have questions regarding this topic or need legal assistance, please contact your PBPO Staff Attorney or email [email protected].

Not a Client? Apply to become a client by submitting a Request for Legal Assistance form online, or contact us at [email protected].

This article presents general guidelines for Ohio nonprofit organizations as of the date written and should not be construed as legal advice. Always consult an attorney to address your particular situation.

© 2026 Pro Bono Partnership of Ohio. All rights reserved. Dated April 16, 2026.

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