For nearly thirty years, the rules around Form I-9 errors have followed a fairly consistent pattern where some mistakes could be corrected without penalty, while others could result in fines. Recent updates to Immigration and Customs Enforcement (ICE) I-9 policies are beginning to reshape that landscape.
Errors that were historically treated as correctible may now, in certain cases, be classified as more serious violations. In addition, ICE has introduced new error classifications to reflect prior changes to the Form I-9. Taken together, these updates may increase employer exposure during an inspection.
Join us for a deep dive into how I-9 error classifications are evolving, what these changes may mean in practice, and how organizations can better respond with greater clarity and confidence.
We’ll cover:
- ICE’s 2026 Fact Sheet and how it modifies longstanding I-9 penalty guidance
- Key examples of errors that may carry greater risk under the updated framework
- Interactive scenarios: how common I-9 errors may be classified today
- What hasn’t changed: the potential benefits of correcting errors and demonstrating good faith
- Proactive steps to help assess historical I-9s and prioritize areas of potential risk
- With the margin for error continuing to narrow, the Form I-9 process is no longer just a paperwork task—it is becoming a larger financial risk consideration for employers. Learn how to better prepare for these changes and what steps to consider next.
Meet the Presenters
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John Fay
John Fay is an immigration attorney with over 25 years of experience in I-9 and E-Verify compliance. He serves as equifax workforce solutions’ Director of Product Strategy, guiding the development of software and services to help employers navigate today's increasingly complex regulatory landscape.
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Jen Gaeng
Jen Gaeng is I-9 Solutions Engineer at Equifax. As a member of the Pre-Sales organization, Gaeng utilizes her technical expertise and knowledge of I-9 to help solve client's onboarding challenges. She has worked in the I-9 space for the past 10 years helping support client’s needs in different capacities. Prior to her role as Solutions Engineer, she managed a group of Implementation Specialists that facilitated the fulfillment and configuration of the Equifax onboarding solution.
SHRM certification has approved this webinar for 1 PDC toward SHRM-CP or SHRM-SCP recertification. A program code will be provided at the end of the webinar.