A change in federal enforcement policy has raised the stakes for Form I-9 (Employee Eligibility Verification) compliance at nonprofits across the country.
In March, Immigration and Customs Enforcement (ICE) reclassified a number of common Form I-9 errors from “technical” to “substantive” violations.
That distinction matters: Technical errors come with a 10-business-day window to correct mistakes identified during an audit. Substantive violations have no window for correction – and can result in immediate financial penalties.
Among the errors now classified as substantive:
- Missing employee date of birth or failure to date Section 1
- Missing date of hire in Section 2
- Incomplete preparer/translator information in Supplement A
- Missing employer title or failure to date the Section 2 certification
- Incomplete document information in Section 2 (even when document copies are on file)
- Missing rehire date in Supplement B
Find the complete list of substantive errors on this page under the heading “Form I-9 Substantive Paperwork Violations.” (Note: If the link does not work, try opening it in “private” or “incognito” mode.)
What nonprofits should do now:
- Conduct an internal review of I-9s currently on file, with particular attention to the fields listed above
- Refresh training for anyone responsible for completing or reviewing I-9s
- Tighten your onboarding process to ensure all required fields are completed accurately and on time
GCN encourages all nonprofit employers to review USCIS guidance on self-audits and correcting I-9 mistakes.
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Note: This alert is provided for informational purposes only and does not constitute legal advice. Please consult legal counsel with specific questions about your organization’s compliance obligations.