ICE’s Revised Form I-9 Inspection Fact Sheet: The New “Notice of Expired or Rescinded Immigration Status,” Warning Notice Limits, and the 30-Day Hearing Deadline Employers Must Track

ICE revised its Form I-9 inspection fact sheet on August 31, 2026. The revisions were widely reported on October 1, 2026. They materially affect how employers should prepare for inspections, classify Form I-9 errors, respond to employee work-authorization issues, and preserve administrative hearing rights.

The revised fact sheet emphasizes the following requirements:

• Employers generally receive three business days to produce Forms I-9 after receiving a Notice of Inspection.
• Employers receive 10 business days to correct technical or procedural failures identified by ICE.
• Many errors that employers previously treated as technical are now substantive violations.
• A hearing request concerning a Notice of Intent to Fine must be received by ICE within 30 calendar days after the employer receives the notice.
• ICE has narrowed the circumstances in which it will issue a Warning Notice.
• Electronic I-9 systems must produce legible paper copies and preserve a compliant audit trail.

Employers should review their procedures before receiving a Notice of Inspection. A response system created after the notice arrives may not provide sufficient time to identify and correct systemic deficiencies.

The New Notice of Expired or Rescinded Immigration Status

The revised fact sheet introduces the Notice of Expired or Rescinded Immigration Status and/or Employment Authorization.

ICE may issue this notice during an inspection when it identifies information indicating that an employee’s immigration status or employment authorization has expired or been rescinded. The notice does not, by itself, allege that the employer violated the law.

The notice nevertheless requires immediate action. It places the employer on documented notice of an issue involving a specific employee’s apparent work authorization. If the employee is no longer authorized to work and the employer continues employment with actual knowledge of that fact, ICE may pursue a knowing continued-employment violation.

After receiving this notice, the employer should:

1. Identify the affected employee and review the complete Form I-9 record.
2. Determine whether an automatic extension, pending renewal, or other lawful basis continues to authorize employment.
3. Complete any required reverification using the proper Form I-9 procedures.
4. Document the analysis, dates, communications, and resulting action.
5. Consult immigration counsel before terminating employment or making a status-based employment decision.

The employer must not treat the notice as a routine discrepancy letter. It is a compliance event that requires prompt escalation and careful documentation.

ICE Has Restricted the Use of Warning Notices

A Warning Notice is not available in every inspection. The revised fact sheet limits ICE’s ability to issue a Warning Notice where certain aggravating circumstances exist.

ICE will not issue a Warning Notice when:

• The employer previously received a Warning Notice or Notice of Intent to Fine.
• The employer failed to correct technical or procedural failures within the 10-business-day correction period.
• The employer failed to prepare or present required Forms I-9.
• There is evidence of fraud, including backdating.

A Warning Notice does not eliminate the need for accurate Forms I-9. It is a discretionary enforcement outcome. Employers should not assume that a first inspection will result in an opportunity to avoid monetary penalties.

Backdating creates an additional and serious problem. Employers must never alter a Form I-9 to make a late action appear timely. Corrections must preserve the original information and clearly show the correction, initials, and date when appropriate. Suspected backdating or other fraudulent conduct can eliminate the possibility of a Warning Notice and increase enforcement exposure.

Deadlines Employers Must Track

Three business days to produce Forms I-9

A Notice of Inspection requires the employer to produce Forms I-9 and any other records identified in the notice. ICE generally provides three business days for production.

The employer should not assume that ICE will grant an extension. Upon receipt, the employer should immediately:

• Preserve the notice and record the date and time of receipt.
• Notify legal counsel and designated internal decision-makers.
• Identify the required Forms I-9 and related records.
• Suspend routine destruction of potentially relevant records.
• Establish a controlled collection and quality-review process.

Employers should follow the scope and instructions in the Notice of Inspection. They should not produce additional records without determining whether the disclosure is required or strategically appropriate.

Ten business days to correct technical or procedural failures

ICE may identify technical or procedural failures and provide a 10-business-day correction period. If the employer does not correct the failures within that period, the failures become substantive violations.

The correction period is not a general opportunity to rewrite Forms I-9. Corrections must be accurate, transparent, and supported by records showing who made the correction and when.

Thirty calendar days to request an OCAHO hearing

The revised fact sheet states that a hearing request concerning a Notice of Intent to Fine must be received by ICE within 30 calendar days after the employer receives the Notice of Intent to Fine.

The relevant measurement is no longer based on the mailing date. Mailing the request on the thirtieth day may be insufficient if ICE does not receive it within the required period.

If the employer submits a late hearing request, ICE may issue a Final Order. A Final Order issued after the employer fails to request a timely hearing generally leaves no appeal issue based on the untimely request.

Employers should use a delivery method that creates reliable proof of receipt and should obtain legal advice immediately after receiving a Notice of Intent to Fine.

Expanded List of Substantive Form I-9 Violations

The revised framework treats numerous omissions as substantive violations. Substantive violations may result in penalties without the correction opportunity applicable to technical failures.

The expanded list includes:

• Use of the Spanish-language Form I-9 by an employer outside Puerto Rico. Employers located in Puerto Rico may complete the Spanish-language form instead of the English-language form.
• Missing employee date of birth in Section 1.
• Missing required USCIS number information.
• Missing employee signature date.
• Missing the employee’s first day of employment.
• Missing required preparer or translator information in Supplement A.
• Missing the employer’s name and title in Section 2.
• Failure to check the alternative-procedure box when the employer used a DHS-authorized alternative procedure.
• Failure to satisfy active E-Verify participation requirements connected to the alternative procedure.
• Failure of an electronic I-9 system to preserve required audit-trail information.
• Failure of an electronic system to satisfy electronic-signature requirements under 8 C.F.R. § 274a.2(e)-(i).
• Failure to complete or present a required Form I-9.

Retaining photocopies of identity or employment-authorization documents does not cure missing Section 2 information. Copies may be relevant to the employer’s records, but they do not replace the required employer-entered data.

Employers should review the current USCIS Form I-9 requirements and the electronic-system standards under 8 C.F.R. § 274a.2.

Technical Failures That Remain Curable

Some errors remain technical or procedural and may be corrected during the 10-business-day period. These include:

• Failure to use the current Form I-9 version.
• Failure to record other last names used.
• Failure to record the employee’s physical address.
• Failure to enter the employee’s email address or telephone number. The absence of an email address or telephone number is not itself a violation.
• Failure to place the employee’s name at the top of the form pages.
• Failure to enter the business name and address in Section 2.

The classification of an error is critical. Employers should not rely on a prior audit report that labeled an omission “technical.” The 2026 framework requires employers to reassess previously identified deficiencies.

2026 Civil Penalty Exposure

For 2026, substantive paperwork violations carry civil penalties of $288 to $2,861 per violation.

Knowing-hire and continuing-to-employ violations carry the following ranges:

• First offense: $716 to $5,724 per violation.
• Second offense: $5,724 to $14,308 per violation.
• Third or subsequent offense: $8,586 to $28,619 per violation.

ICE considers five statutory enhancement and mitigation factors:

1. Business size.
2. Good faith.
3. Seriousness of the violation.
4. Involvement of an unauthorized individual.
5. History of previous violations.

Each factor may result in a positive or negative adjustment. The cumulative adjustment may range from minus 25 percent to plus 25 percent.

The applicable penalty range is fixed by the date ICE serves the Notice of Intent to Fine. Employers should therefore evaluate the date of service when assessing potential exposure and settlement strategy.

Electronic I-9 Systems Must Preserve a Compliant Audit Trail

ICE has emphasized that an electronic I-9 system must do more than generate a printable form. The system must produce legible paper copies and preserve a compliant audit trail showing the required creation, access, completion, correction, and signature activity.

Employers using third-party platforms should obtain written confirmation that the system:

• Produces legible copies of completed Forms I-9.
• Records required audit-trail events.
• Preserves electronic signatures and signature-related data.
• Maintains access controls and data security.
• Documents corrections without concealing the original entry.
• Supports production of records within the three-business-day inspection window.

The employer remains responsible for compliance even when a vendor operates the platform.

E-Verify Funding and Outage Planning

E-Verify is currently operating and funded through December 11, 2026, under the Continuing Appropriations and Extensions Act, 2027, H.R. 6500. Employers should monitor official announcements concerning appropriations and system availability.

Employers that rely on E-Verify should create a written outage plan before December 11. The plan should identify:

• Who monitors system availability.
• How hiring records are documented during an outage.
• How applicable deadlines are tracked.
• How cases will be created after restoration.
• How employees will receive required notices.
• How the employer will preserve evidence of good-faith compliance.

Employers should not improvise during an outage or delay required action without documenting the reason and applicable deadline.

Prioritized Employer Action List

Employers should complete the following steps in order:

1. Conduct an internal I-9 audit with immigration counsel before receiving a Notice of Inspection.
2. Re-review previous audit findings. Confirm that errors now classified as substantive were actually remediated.
3. Review electronic and third-party I-9 vendors. Confirm audit-trail, signature, retention, export, and legibility compliance.
4. Retrain authorized representatives, particularly representatives completing Section 2 or using an alternative procedure.
5. Stop relying on document copies to cure missing Section 2 data.
6. Create a written Notice of Inspection response plan with assigned responsibilities and escalation procedures.
7. Prepare an E-Verify outage plan before the current funding period ends.
8. Escalate immediately when ICE delivers any notice, including a Notice of Expired or Rescinded Immigration Status and/or Employment Authorization.

Blasingame Law LLC provides business immigration and workforce compliance services, including internal I-9 audits and representation during government inspections. With more than 30 years of experience in corporate and private immigration practice, the firm helps employers identify compliance risks, correct records appropriately, evaluate electronic systems, and respond to ICE enforcement activity.

Contact Blasingame Law LLC to schedule a consultation or review the firm’s business immigration solutions before an inspection creates an urgent deadline.