Frequently Asked Questions

An ICE Form I-9 inspection starts when Homeland Security Investigations (HSI) serves a Notice of Inspection, and the employer must receive at least three business days to produce the requested Forms I-9 (8 CFR 274a.2(b)(2)(ii) and ICE I-9 inspection page).

Supporting documents. HSI generally also asks for supporting documents, such as payroll records, a list of active and terminated employees, articles of incorporation and business licenses (ICE I-9 inspection page).

Corrections. When HSI finds technical or procedural failures, the employer gets at least 10 business days to correct them. Uncorrected failures then become substantive violations (8 U.S.C. 1324a(b)(6)(B) and ICE I-9 inspection page).

Notices during inspection. HSI may issue a Notice of Suspect Documents, a Notice of Discrepancies, a Notice of Technical or Procedural Failures, or a Notice of Expired or Rescinded Immigration Status (ICE I-9 inspection page).

Final outcomes. At the end of the inspection, HSI issues a compliance letter, a Warning Notice or a Notice of Intent to Fine (ICE I-9 inspection page). An employer that receives a Notice of Intent to Fine may request a hearing before the Office of the Chief Administrative Hearing Officer. ICE must receive the request within 30 calendar days. Without a timely request, ICE issues a Final Order, which cannot be appealed.

Penalties. Civil penalty amounts are subject to annual inflation adjustment in 28 CFR 85.5. The FAQ on Form I-9 civil penalties lists the current ranges.

Under the 28 CFR 85.5 amounts for civil penalties assessed after July 3, 2025, a Form I-9 paperwork violation carries a penalty of $288 to $2,861 for each individual involved, and knowingly hiring or continuing to employ unauthorized workers carries higher per-worker penalties (28 CFR 85.5). The base amounts are set in the Immigration and Nationality Act and adjusted for inflation in Department of Justice rules.

Ranges for penalties assessed after July 3, 2025 (28 CFR 85.5, Table 1).

Factors. For paperwork violations, the statute requires due consideration of the size of the business, the employer's good faith, the seriousness of the violation, whether the individual was an unauthorized worker, and the history of previous violations (8 U.S.C. 1324a(e)(5)).

Criminal penalties. An employer that engages in a pattern or practice of knowingly hiring or continuing to employ unauthorized workers may be fined up to $3,000 for each unauthorized worker, imprisoned for up to six months for the entire pattern or practice, or both (8 U.S.C. 1324a(f)(1)). The statutory fine amount is not inflation adjusted in 28 CFR 85.5.

Adjustments. The amounts are subject to annual inflation adjustment, and each later adjustment in 28 CFR 85.5 applies to penalties assessed after its effective date. ICE states that the date it serves the Notice of Intent to Fine is the assessment date that sets the range used (ICE I-9 inspection page).

Related topics. The FAQ on what compliance training is describes compliance training in general. The FAQ on FMCSA drug and alcohol violation penalties shows how penalty tables work in another regulated area.

Inspections. The FAQ on ICE Form I-9 inspections explains how ICE reviews forms and the notices it issues.

Employees must complete Section 1 of Form I-9 at the time of hire, employers must examine documents and complete Section 2 within three business days of the hire, and employers must keep each form for three years after the date of hire or one year after employment ends, whichever is later (8 CFR 274a.2(b)).

Section 2 timing. Within three business days of the hire, the employer must physically examine the documents the employee presents, or use an alternative procedure authorized by the Secretary, and complete Section 2 (8 CFR 274a.2(b)(1)(ii)).

Short-term hires. If the employment lasts less than three business days, the employer must complete these steps at the time of hire, and may not accept a receipt in place of a required document (8 CFR 274a.2(b)(1)(iii)).

Documents. Only unexpired documents are acceptable. The employee may present one document that establishes both identity and employment authorization, or one document for each. The identification number and expiration date, if any, must be noted on the form (8 CFR 274a.2(b)(1)(v)).

Retention. An employer must keep each Form I-9 for three years after the hire or one year after employment ends, whichever is later. A recruiter or referrer for a fee keeps the form for three years after the hire (8 CFR 274a.2(b)(2)(i)). ICE notes that forms for current employees must be kept on paper or in an electronic system that can produce legible paper copies with a compliant audit trail (ICE I-9 inspection page).

Inspection notice. Employers must receive at least three business days' notice before an inspection (8 CFR 274a.2(b)(2)(ii)).

Related DHS updates. Proposed changes to employment authorization documents for asylum applicants are covered in the news post on DHS's proposed asylum employment authorization reforms.

Penalties. The FAQ on Form I-9 civil penalties lists the penalty ranges for paperwork violations.