About the Course
Introduction
This CLE webinar will examine the updated ICE guidance related to Form I-9 compliance and discuss the heightened risks for employers. The panel will discuss the reclassification of several common Form I-9 errors from correctable technical violations to immediately fineable substantive violations and address the potential for significant penalties as well as increased chances of ICE audits. The panel will offer best practices for helping employer clients develop compliance processes and preparing for ICE's continued scrutiny.
Description
In line with its heightened enforcement activity under the Trump administration, ICE recently released updated guidance in its Form I-9 fact sheet reclassifying several common Form I-9 errors from technical to substantive violations without engaging in the rulemaking process or providing a grace period prior to taking effect. These revisions overturn prior guidance that has governed I-9 enforcement for nearly 30 years and will have a significant impact on employers.
According to the fact sheet, errors that were previously considered correctable technical violations are now considered to be immediately fineable substantive errors and include, among others, missing employee date of birth (Section 1), missing USCIS/alien number (if applicable) (Section 1), missing expiration date (Section 1, Box 4), missing employer representative title in the Section 2 certification, and the use of Spanish language I-9 forms outside of Puerto Rico. The guidance also makes it clear that procedural failures in connection with remote verification, which first became available for certain E-Verify employers on Aug. 1, 2023, are also substantive.
Additionally, the guidance sets forth new technical errors, many of which have historically been recognized as technical errors but not specified in prior guidance, including failure to record the employee's complete name at the top of page 2 (on older versions of Form I-9) or at the top of Supplement A or B, failure to use the version of Form I-9 current at the time of initial completion, and failure by E-Verify employers to ensure the employee's social security number is accurate in Section 1.
Substantive and uncorrected technical violations carry significant per-form civil penalties, so cumulative risk exposure to employers may be severe. Therefore, counsel should understand the new requirements, how these will impact their employer clients, and how to guide clients through procedural development and processes such as internal audits to help mitigate risk of noncompliance.
Listen as our authoritative panel of attorneys examines the updated ICE Form I-9 guidance, discusses the increased risks for employers and the potential financial impact for noncompliance, and offers best practices to mitigate the risk of enforcement action.
Presented By
Ms. George guides multinational companies, financial sponsors, and U.S. employers on work visa sponsorship, immigration considerations in M&A transactions, and I-9 and E-Verify compliance. She partners with clients to provide comprehensive immigration due diligence and strategic support throughout the M&A lifecycle and other forms of corporate restructuring. Ms. George develops and executes strategies that minimize immigration-related business disruption and potential liability following organizational changes. In addition to facilitating U.S. work visa sponsorship, Ms. George also supports businesses seeking proactive or responsive immigration compliance counsel, including leading internal Form I-9 audits; providing Form I-9 and E-Verify trainings; responding to Notices of Inspection (I-9 Audits) from Immigration & Customs Enforcement; assessing electronic I-9 software system compliance; defending immigration discrimination investigations by the Immigrant and Employee Rights Section of the Department of Justice; developing employment verification risk mitigation strategies, including counseling on E-Verify enrollment; and building workforce compliance and visa sponsorship programs.
Ms. Karimi develops creative strategies for navigating the complex U.S. immigration system. She advises businesses on hiring key personnel, structuring global entities to facilitate talent mobility, and addressing immigration compliance issues. Ms. Karimi creates immigration solutions for immigrant investors and entrepreneurs, as well as other specialized foreign nationals such as athletes and entertainers, religious workers, and expats. She represents clients across a range of industries including staffing, technology, healthcare, independent schools, and start-ups. Ms. Karimi has developed immigration solutions for immigrant investors and entrepreneurs, doctors and healthcare workers, athletes and entertainers, religious workers, and other specialized foreign nationals. She advises businesses on hiring key personnel and structuring global entities to facilitate talent mobility. Ms. Karimi currently serves as Treasurer of the Boston Bar Association, is a member of the BBA’s Executive Committee, and serves as a Trustee of the charitable arm of the BBA, the Boston Bar Foundation. She has served as chair of the BBA’s Immigration Law Committee and co-chair of the BBA’s Immigration Law Section.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, October 7, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Introduction
A. Overview of heightened ICE I-9 enforcement activity under the Trump administration
B. Brief history of I-9 regulation and guidance; why these changes are significant
II. Updated ICE Form I-9 fact sheet
A. Infractions now considered substantive rather than technical
B. New technical errors
C. Remote verification and electronic I-9 software compliance
D. Potential employer impact: penalties, investigations
III. What to expect from an ICE audit
IV. Conducting an internal I-9 audit and other employer best practices to mitigate risk of liability
V. Key takeaways
The panel will review these and other important issues:
- What infractions that were once classified as technical violations are now considered substantive violations?
- What infractions are newly classified as technical violations?
- What issues could employers face with remote verification?
- What can employers do now to mitigate liability related to noncompliant electronic I-9 creation and/or storage?
- How does changing the classification of certain infractions from technical to substantive impact employer ability to cure violations? With what effect on penalties?
- What are best practices for performing internal audits? Preparing for ICE audits?
