The Kitch immigration team recommends that all employers—regardless of company size—immediately review recent updates to the I-9 Good Faith Defense.

Technically, the Good Faith Defense remains a statutory, affirmative defense under INA 274a.(a)(3) and INA 274a.(b)(6), codified at 8 USC §1324. While the regulations implementing this defense have not changed, enforcement interpretation has shifted significantly.

What Changed?

In March 2027, the Department of Homeland Security (DHS) updated its I-9 Inspection Fact Sheet. This update re-interpreted several standard violations as “substantive,” which completely removes them from the protection of the good faith defense.

The Risk to Your Business

Fewer Protections: Only a few minor violations remain classified as “procedural/technical.”
Higher Fines: More errors are now categorized as substantive, automatically increasing fines and penalties for employers.

We Are Here to Help

Navigating compliance during these regulatory shifts is critical to safeguarding your business. If you have questions or concerns about how these changes impact your current hiring processes, please reach out to our team. Contact Meghan Kennedy Riordan or Ahndia Mansoori from the Kitch Immigration Team to discuss your compliance strategy today.

Any information included here or through our website is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our website, no attorney client relationship is created.

Important Update for Employers: Recent Changes to the I-9 Good Faith Defense

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