The GigReporter

Vorys reports[1] that Immigration and Customs Enforcement has revised its guidance[2] on the Form I-9 violations, moving several violations from the technical or procedural categories into the substantive category, thereby increasing the risk of monetary fines. American employes would do well to review their I-9s to ensure compliance with the rules and avoid costly mistakes.

The Form I-9, or Employment Eligibility Verification Form, is where employers record information verifying their employees are legally allowed to work in the United States. When an employer receives a notice of inspection from the federal government it must produce the I-9s for the employees indicated. If the government finds technical or procedural faults with the document, it will give the employer ten days to correct them before imposing a fine; if a substantive fault is discovered, the employer will be hit with a fine immediately.

As mentioned above, several former technical and procedural errors have now been reclassified as substantive, so they will now trigger fines without an opportunity to cure. These include many errors related to missing dates, including employee birth dates, signature dates, hire and rehire dates, and expiration dates of any documents or authorizations. Reclassified procedural violations include using the Spanish-language form outside Puerto Rico and using electronic signature technology that haven’t been authorized by the Department of Homeland Security; e-signatures are very common nowadays, so you should make sure your provider is DHS compliant.

I-9s are not required for independent contractors, but many logistics brokers prepare them for owner/operators anyway in case of classification or immigration disputes. Federal law forbids hiring an independent contractor known to not be authorized to work in the United States, so gathering the information necessary to fill out I-9s can be important proof that any allegedly unauthorized independent contractors are actually authorized, or at least that the hirer reasonably believed them to be. With these guidance changes in mind, SCI’s clients should review their I-9s for compliance, especially with the substantive error category.

[1] “ICE Revises Form I-9 Guidance and Expands Potential Violations”, June 10, 2026,  https://www.vorys.com/publication-ice-revises-form-i-9-guidance-and-expands-potential-violations .

[2] The current version of the guidance can be found at https://www.ice.gov/factsheets/i9-inspection .