I-9 Compliance Just Got Riskier: Key Webinar Takeaways

If your organization hasn't reviewed its Form I-9 process recently, it's time to take a closer look. OutSolve's VP of I-9 Operations, Desiree Throckmorton, and Roffman Horvitz Member Attorney Alissa Horvitz hosted a webinar, "Spotting and Correcting Substantive Errors Before They Cost You," breaking down how ICE's updated enforcement standards are reshaping compliance risk for HR teams.

The stakes are real: ICE issued 10 times more Notices of Inspection in the first half of 2025 than in all of 2024, and the One Big Beautiful Bill Act funded 10,000 new enforcement officers. Here's a recap of the key information covered in the webinar.

Reclassification of Substantive Errors—What Are They Now?

On March 16, 2026, ICE updated its Form I-9 Inspection fact sheet without a Federal Register notice or formal rulemaking, effectively overriding the 1997 Virtue Memorandum that governed I-9 enforcement for nearly 30 years. That memo allowed employers a 10-business-day cure window to correct "technical or procedural" errors before facing fines.

Under the new guidance, more than 10 error types once considered correctable are now classified as substantive, meaning ICE can assess fines, leaving employers with no opportunity to fix the issue first. Examples include a missing employee completion date in Section 1, a missing date of hire in Section 2, and missing preparer/translator certification information.

Only a short list of errors, like an outdated Form I-9 version or a missing business address in Section 2, still qualify for the 10-day cure window. HR teams should assume every other paperwork gap is substantive until legal counsel confirms otherwise.

Documentation Retention Consistency

E-Verify employers using the alternative (remote) document examination procedure must retain clear and legible copies of all documents presented (front and back) and examined during the remote verification process.

E-Verify employers conducting traditional in-person document examination are only required to retain copies of documents that triggers an E-Verify photo matching requirement. Copies of all other documents are optional.

Employers not enrolled in E-Verify may choose whether to retain copies of identity and work authorization documents. If copies are retained, the practice should be applied consistently for all employees.

Regardless of the approach, employers must retain Forms I-9 for the required retention period and maintain any supporting documentation securely.

Best Practice: Establish a documented and consistent retention policy that aligns with your verification method, E-Verify participation, audit readiness goals, and data privacy requirements.

Structuring I-9 Self-Audits

In a recent internal audit conducted by OutSolve, 200 Form I-9s were reviewed and 100% of the forms had errors. 72% of errors identified were substantive, with no cure window available. That statistic underscores why proactive audits matter: when HR teams control the timeline, they can review, correct, and document errors before penalties are incurred. When ICE controls it, a Notice of Inspection (NOI) gives employers just three business days to produce records, and current NOIs instruct employers not to alter I-9s after receipt, even within that window.

The recommended self-audit framework includes five steps: inventory every active and terminated Form I-9 still within the retention period, review each section against the reclassified-error list, remediate errors found during self-audit, flag upcoming reverification deadlines, and document every finding in a dated audit log.

Watch the I-9 Error Session On-Demand

The full webinar also covers what an ICE NOI can actually request beyond your I-9 files (think payroll records, employee rosters, and E-Verify case records) along with a practical 30-60-90 day action plan for building a stronger, audit-ready I-9 process.

Watch the full session, "Spotting and Correcting Substantive Errors Before They Cost You," on demand to hear the complete breakdown

OutSolve

Founded in 1998, OutSolve has evolved into a premier compliance-driven HR advisory firm, leveraging deep expertise to simplify complex regulatory landscapes for businesses of all sizes. With a comprehensive suite of solutions encompassing HR compliance, workforce analytics, and risk mitigation consulting, OutSolve empowers organizations to navigate the intricate world of employment regulations with confidence.