Form I-9 enforcement has picked up. An October 2026 report from an HR compliance firm says ICE Notices of Inspection have risen by as much as tenfold since early 2025. That figure comes from a private report, not from ICE data, but the direction is consistent with what employers are reporting. At the same time, ICE has made common paperwork errors more costly, and several states now require employers to tell workers when an inspection begins. An employer that receives a notice has little time, so the planning needs to happen first.
Three Business Days to Produce Records
A Notice of Inspection asks the employer to produce its Forms I-9, and often payroll records, employee lists, and business documents. Under 8 CFR 274a.2, the government must give at least three business days’ notice before the inspection. Employers can ask for more time, but ICE does not have to agree. Three days is not much time for a company with hundreds of employees, several locations, or forms kept in more than one system.
Paperwork Errors Now Carry More Weight
On March 16, 2026, ICE updated its Form I-9 inspection fact sheet and reclassified several common mistakes as substantive violations. These include missing dates of birth or immigration numbers in Section 1, missing hire dates or employer representative details in Section 2, incomplete document information, use of the Spanish-language form outside Puerto Rico, problems with remote verification procedures, and gaps in electronic I-9 systems. Technical violations can usually be corrected within the cure period ICE provides. Substantive ones cannot, and they carry civil penalties per form, reported at $288 to $2,861 depending on the employer’s overall error rate.
State Rules on Telling Employees
Several states now require an employer to notify its workforce when it receives a federal Notice of Inspection. California and Illinois give employers 72 hours to post the notice. Oregon requires notice within three business days. Washington’s Immigrant Worker Protection Act, which took effect October 1, 2026, gives employers five business days, requires the notice in English and the state’s most common languages, and adds a second notice to affected workers once the results arrive. Washington also allows workers to sue for violations. Massachusetts has its own notice rule as well, which we covered earlier. Multistate employers need to know which of these rules apply at each worksite before a notice arrives.
A Short Readiness Plan
Name one person who receives any government notice and knows to call immigration counsel the same day. Know where every Form I-9 is stored, including paper files at branch offices and records in electronic systems, and confirm that any electronic system meets the audit-trail and signature rules. Run an internal audit with counsel, correct what can be corrected, and document what cannot. Keep supporting documents consistent with your retention policy. If you operate in California, Illinois, Oregon, Washington, or Massachusetts, prepare template employee notices in advance.
Frequently Asked Questions
How long do we have to respond to a Notice of Inspection?
The regulations require at least three business days’ notice before the inspection. Employers may ask for an extension, but it is not guaranteed.
Can we fix errors after we receive the notice?
Correcting forms after a notice arrives can raise concerns and should be handled only with counsel. The better time to correct errors is during an internal audit.
Which errors did ICE reclassify in 2026?
Missing Section 1 birth dates or immigration numbers, missing Section 2 hire dates or employer information, incomplete document entries, improper use of the Spanish-language form, remote verification failures, and electronic system deficiencies.
Do we have to tell employees about an inspection?
Federal law does not require it, but several states do, including California, Illinois, Oregon, Washington, and Massachusetts. The deadlines and content requirements differ by state.
Does Washington’s law apply to all employers in the state?
It applies to employers with workers in Washington and took effect October 1, 2026. Review the Attorney General’s model notice before you need it.
If you or your family members have questions about how this or other immigration and nationality matters may affect you, please do not hesitate to contact the immigration and nationality lawyers at NPZ & B Law Group. You can reach us by emailing info@visaserve.com or by visiting our website at www.visaserve.com for more information.