Katharine Barnes

On March 16, 2026, the U.S. Immigration and Customs Enforcement (ICE) published a revised Fact Sheet on Form I-9 inspections that expands the list of errors classified as “substantive” paperwork violations. While the penalty framework for violations remains unchanged, the new Fact Sheet departs from earlier guidance by drastically expanding the types of violations subject to penalty in the event of a DHS I-9 inspection, increasing liability for employers.

On March 16, 2026, the U.S. Immigration and Customs Enforcement (ICE) published a revised Fact Sheet on Form I-9 inspections that expands the list of errors classified as "substantive" paperwork violations. While the penalty framework for violations...

1. What does E-Verify unavailability mean for employers? While E-Verify is unavailable, employers will typically not be able to access their E-Verify accounts. Crucially, this means that employers will not be able to create E-Verify cases for employees hired during this period of unavailability. Employers will also not be able to enroll in E-Verify or take other action on their accounts (e.g., editing account information, resetting passwords or running reports).