I-9 Technical Violations Become “Substantive” Violations

In March, ICE reclassified several of what were classified as “Technical” violations on I-9 forms to “Substantive” violations – without providing notice to employers. What were “routine paperwork errors” that had a 10-day window for correction now require immediate correction and will likely entail a fine as well. Following is the list of violations that were previously classified as “Technical” and are now classified as “Substantive”: 

• Missing date of birth (Section 1)

• Missing date of hire (Section 2)

• Failure to date Section 1

• Failure to date Section 2 Certification 

• Missing rehire date (Supplement B)

• Spanish-language Form I-9 used outside Puerto Rico

• Preparer/translator errors (missing name, address, signature, or date in Supplement A)

• Missing employer/rep title (Section 2)

• Missing document info despite retaining legible photocopy

Employers are cautioned to pay special attention to all new I-9 forms being completed.