As we head into 2026, U.S. employers are facing a heightened focus on immigration enforcement from the Department of Homeland Security (DHS) and U.S. Immigration and Customs Enforcement (ICE). With the Trump administration prioritizing worksite compliance, I-9 audits are expected to surge, targeting industries like hospitality, agriculture, manufacturing, and healthcare. The Form I-9, required by the Immigration Reform and Control Act (IRCA) to verify employee identity and work authorization, remains a cornerstone of compliance. Yet, even minor errors can lead to fines ranging from $288 to $2,861 per paperwork violation, up to $28,619 per unauthorized worker for repeat offenses, or even criminal charges in severe cases.
At EMP Trust, we specialize in helping businesses navigate these complexities with tailored compliance solutions. In this blog, we’ll outline the top I-9 audit mistakes to avoid in 2026, drawing on the latest USCIS updates and enforcement trends. By staying proactive—through internal audits, staff training, and electronic tools—you can safeguard your operations and focus on growth.
Recent I-9 Updates: What Changed in 2025 and Why It Matters for 2026
Before diving into pitfalls, let’s recap key 2025 changes that carry over into the new year. USCIS released the Form I-9 edition dated January 20, 2025 (expiring May 31, 2027), with minor revisions to align with statutory language, including updated descriptions for two List B documents and a revised DHS Privacy Notice. The previous August 1, 2023 edition (expiring July 31, 2026) is still valid but requires electronic systems to update to the new expiration date by July 31, 2026.
E-Verify and E-Verify+ were also updated as of April 3, 2025, changing “noncitizen” to “alien authorized to work” in citizenship status selections to match federal terminology. These tweaks may seem small, but using outdated forms or mismatched E-Verify entries can flag your business during an audit. ICE’s use of AI and analytics to detect discrepancies means 2026 will demand precision.
Top 7 I-9 Audit Mistakes to Avoid in 2026
Based on USCIS reports and recent enforcement data, here are the most common errors that trip up employers—plus actionable steps to sidestep them.
1. Using the Wrong or Outdated Form I-9 Edition
Failing to adopt the latest form is a frequent oversight, especially with multiple valid editions circulating. In 2026, the July 31, 2026 expiration will phase out one version, forcing updates.
Consequence: Immediate fines for non-compliance, even if the rest of the form is perfect.
How to Avoid: Download the January 20, 2025 edition from USCIS.gov and train HR on version checks. Update electronic I-9 systems now to reflect the May 31, 2027 expiration. EMP Trust’s digital platforms automate this, ensuring you’re always current.
2. Incomplete or Late Form Completion
Section 1 must be finished by the employee’s first day, and Section 2 (document verification) within three business days. Missing fields, signatures, or dates are red flags.
Consequence: Paperwork violations averaging $1,500–$2,500 per form.
How to Avoid: Implement a hiring checklist with automated reminders. For remote hires, use authorized representatives or video verification tools compliant with DHS rules.
3. Failing to Properly Verify Documents
Not examining originals, accepting invalid docs, or over-documenting (requesting more than needed) violates anti-discrimination laws. Common slip: Misidentifying List A, B, or C documents.
Consequence: Fines up to $5,724 per unauthorized worker, plus discrimination claims.
How to Avoid: Review the USCIS Handbook for Employers (M-274) annually and conduct mock verifications. Avoid photocopying unless required for E-Verify.
4. Improper Error Corrections
Using white-out, backdating, or not noting changes obscures the audit trail. Corrections must be transparent.
Consequence: Viewed as intentional concealment, escalating fines.
How to Avoid: For Section 1 errors, have employees strike through, initial, and date. For Section 2, employers do the same or attach a new form with an explanation. Always add a signed note for clarity.
5. Poor Record Retention and Organization
Forms must be kept for three years after hire or one year post-termination (whichever is later). Missing, misplaced, or prematurely discarded I-9s are audit killers.
Consequence: Up to $2,789 per missing form, plus operational shutdowns.
How to Avoid: Digitize with secure, searchable systems. Schedule annual retention reviews to purge only after the deadline.
6. Neglecting Internal Audits and Training
Relying on “it hasn’t happened yet” leaves you vulnerable. No ongoing staff education means repeated errors.
Consequence: Amplified penalties for “knowing” violations during ICE’s three-day NOI response window.
How to Avoid: Audit 100% of forms quarterly for small teams or sample neutrally for larger ones. Train HR yearly on updates, using non-discriminatory criteria. EMP Trust offers audit-as-a-service to catch issues early.
7. E-Verify Mismatches and Remote Hire Oversights
Not resolving tentative non-confirmations promptly or inconsistently handling virtual verifications invites scrutiny.
Consequence: Loss of federal contracts or state mandates in E-Verify-required areas.
How to Avoid: Integrate E-Verify with your I-9 process and use DHS-approved remote tools. Update for the 2025 citizenship language changes.
Why Proactive Compliance Pays Off in 2026
ICE issued over 5,200 audit notices in early 2025 alone, with raids following in high-violation cases. But good news: Internal audits demonstrate good faith, potentially reducing fines by up to 50%. At EMP Trust, our end-to-end solutions—from automated I-9 completion to audit prep—help you avoid these traps while scaling securely.
FAQs on I-9 Audits for 2026
Q: How often should I conduct an internal I-9 audit?
A: Aim for quarterly reviews in high-risk industries (e.g., manufacturing) or annually for others. Sample based on neutral criteria to avoid bias.
Q: What if I receive an ICE Notice of Inspection (NOI)?
A: You have three business days to produce forms. Organize digitally for quick access and notify legal counsel immediately.
Q: Can I use electronic I-9 systems, and are there new rules for 2026?
A: Yes, if DHS-compliant. Update for the 2027 expiration by mid-2026 to avoid system flags.
Q: How do I handle corrections for remote employees?
A: Follow the same strike-through/initial/date process, but ensure video verification logs are retained.
Q: What are the penalties for discriminating during I-9 verification?
A: Fines from $559 to $5,391 per violation, plus back pay orders. Stick to the Lists of Acceptable Documents—no extras.
Ready to fortify your I-9 compliance? Contact EMP Trust today for a free audit assessment. Stay compliant, stay confident.
EMP Trust: Your partner in HR compliance and trust.
