Q&A with The Workplace Advisors – May 2026

Form I-9s may feel like a routine part of onboarding, but recent guidance has raised the stakes for common errors. In this month’s Q&A, The Workplace Advisors explain why employers may need to revisit their process and refresh training before an audit turns small mistakes into immediate penalties.

Question: I saw there's been new guidance released on Form I-9 errors—do we really need to change anything if we've been completing them the same way for years?

Answer: If your process has been on autopilot, now is a good time to take a fresh look. ICE recently updated its audit guidance to reclassify several common Form I-9 errors from "technical," which gives employers 10 days to correct after an inspection, to "substantive," which means fines with no chance to fix them first. Things like a missing date of birth, date of hire, or a representative's signature, which might have felt minor before, can now trigger immediate penalties. And with audits projected to be ten times more frequent this year than last, the chances of flying under the radar are shrinking. A quick review of your process and a refresher for anyone who touches these forms can go a long way right now.