I-9 Fine Estimator
Estimate the civil penalty range if ICE audits your Forms I-9: paperwork violations run from $288 to $2,861 per form, and knowingly employing unauthorized workers carries separate, higher penalties.
Penalty range
| Violation type | Per form or worker | Count | Range |
|---|
How ICE sets I-9 fines
An I-9 audit starts with a Notice of Inspection, which gives the employer at least three business days to produce its Forms I-9. ICE then reviews each form and sorts problems into categories.
- Technical or procedural errors used to come with a 10-day window to correct them after ICE pointed them out. On March 16, 2026, ICE moved more than 10 of those error categories into the substantive category, so they can now be fined immediately, with no correction period.
- Substantive violations, such as a form never completed, a missing signature, or Section 2 not completed on time, can't be fixed after the fact and are fined per form.
- Knowing-hire violations, for employing someone while knowing they aren't authorized to work, carry higher penalties that rise with each offense.
For paperwork violations, ICE starts from a base amount per form that rises with the percentage of forms with violations. It then adjusts up or down by 5% for each of five factors: the size of the business, good faith, the seriousness of the violations, whether unauthorized workers were involved, and any history of violations. The final amount per form must fall within the statutory range of $288 to $2,861.
How to lower your exposure
Since ICE's March 2026 change, the time to fix errors is before a Notice of Inspection arrives, not after.
- Run an internal audit and correct errors the right way: initial and date corrections, never backdate, and attach a signed note explaining fixes.
- Complete Section 2 within three business days of the first day of work, and track reverification dates for expiring work authorization. The I-9 deadline calculator works out each date.
- Keep forms only as long as required, and store them securely. See the I-9 retention calculator.
Common questions
Do I-9 fines change every year?
They're normally adjusted for inflation each January. The amounts here come from the adjustment published January 2, 2025; as of October 2026, DHS hadn't published a 2026 adjustment. Check the Federal Register for any newer one.
What changed in March 2026?
ICE updated its Form I-9 inspection guidance on March 16, 2026. More than 10 kinds of errors that employers used to be able to correct within 10 days of an inspection are now treated as substantive violations and can be fined right away. Running your own I-9 audit and correcting errors properly before any inspection matters more than it used to.
Does a good-faith effort reduce the fine?
Good faith is one of the five factors ICE uses to adjust the base amount, and a documented internal audit program is one way to show it. It lowers the amount within the range; it doesn't erase violations.
Should I re-verify all current employees to be safe?
No. Asking for more or different documents than required, or re-verifying selected employees, can violate anti-discrimination rules. Correct errors on the existing forms, and talk to an immigration attorney before any broad re-verification.
Want your I-9s and contractor files checked?
A records review for small employers is in the works: what's missing, what's expiring, and what to fix first. Email to be told when it opens. Don't attach any documents.
Rules last checked: October 1, 2026. Rates, deadlines and penalty amounts change; each page names its sources.
Spot an error or a rule change?
Email admin@employercheckup.com. Rates, deadlines and penalty amounts change, and corrections are made promptly.
Talk to a professional
For a decision about a specific worker, talk to an employment attorney or CPA. These tools estimate exposure and explain the rules; they don't decide individual cases.
An estimate of the statutory range, not a prediction of any ICE outcome and not legal advice. Actual penalties depend on ICE's findings, the adjustment factors and any settlement. Sources: DHS civil monetary penalty inflation adjustment (Federal Register, Jan. 2, 2025); ICE Form I-9 Inspection fact sheet (updated Mar. 16, 2026).