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In March of 2026, U.S. Immigration and Customs Enforcement (ICE) updated its I-9 Inspection Fact Sheet reclassifying certain “technical” and correctable errors as “substantive” violations -significantly increasing the risk of immediate and substantial penalties in the event of an ICE I-9 Audit or Raid. Prior to updating the I-9 Inspection Fact Sheet, ICE began accessing other federal agencies’ data to identify discrepancies. US employers should take proactive steps to ensure ongoing compliance and mitigate dire consequences that extend beyond monetary fines.  The most affected industries are those which rely on a large labor force such as construction, manufacturing, food production, hospitality, as well as those with a history of employing H-1B visas holders.

Recent Nationwide Actions

3/16/2026: ICE updated its Form I-9 inspection fact sheet: 1/ switching technical errors (missing dob, signatures etc.) to the substantive error classification; US employers will not be able to correct the error during an ICE audit or raid; Fines are substantial and arrests can be instantaneous.

3/11/2026: ICE requested access to the largest workforce data: The Federal Parent Location Service; Although currently under Federal Court review, in 2025 DOGE appointees briefly accessed the data and retrieved substantial information to identify discrepancies.

4/7/2025: IRS and ICE signed a Memorandum of Understanding (MOU) allowing ICE to access IRS data.  Although legally contested, substantial data was shared and courts have issued conflicting rulings across various jurisdictions, some blocking it, some allowing it. Litigation over data sharing is still pending.

Recent Ohio Actions

3/19/2026: Ohio E-Verify Workforce Integrity Act takes effect: All nonresidential construction contractors, subcontractors and labor brokers are required to E-Verify for new hires; Up to $25K per violation and permanent license revocation for knowingly employing unauthorized workers.

Hahn Loeser will continue to monitor the effects of ICE activity and how businesses can remain prepared for an audit. For more information or guidance, visit the firm’s Immigration Law Practice.

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Photo of Catherine Henin-Clark Catherine Henin-Clark

Drawing from more than 35 years of experience, Ms. Henin-Clark’s practice focuses on nonimmigrant (temporary) and immigrant (permanent/”green card”) visa petitions and applications on behalf of investors, intra-company transferees, extraordinary ability professionals, athletes, artists and scientists, and other skilled foreign professionals and their…

Drawing from more than 35 years of experience, Ms. Henin-Clark’s practice focuses on nonimmigrant (temporary) and immigrant (permanent/”green card”) visa petitions and applications on behalf of investors, intra-company transferees, extraordinary ability professionals, athletes, artists and scientists, and other skilled foreign professionals and their U.S. employers.  She is known to undertake complex matters including previously denied immigrations cases toward a successful outcome.

Her practice includes E, H, L, O, P, R nonimmigrant visas and EB-1, EB-2, EB-2 NIW, PERM, EB-3 employment-based immigrant applications. She also represents investors of all continents with the EB-5 (direct and Regional Centers) immigrant investor visa processes.  She also represents U.S. employers in connection with immigration-related regulatory compliance proceedings (employment eligibility verification, I-9 audits, E-verify matters).  She is fluent in French and English.

Ms. Henin-Clark often undertakes humanitarian cases such as asylum cases, I-601 waivers, 212d(3) waivers, and represents individuals facing removal proceedings before the Immigration Court. She also represents individuals in family related matters and naturalization (U.S. citizenship) applications.

Ms. Henin-Clark was born in Madagascar and raised in Paris, France. Prior to immigrating to the United States, Ms. Henin-Clark graduated Valedictorian from the prestigious Paris Pantheon-Assas University and was admitted to the Paris Bar Association. She then pursued her studies in the United States, obtaining her law degree from Stetson University College of Law and admitted to The Florida Bar within two years and while working full time.

Immigration is her passion and she is one of the few board certified experts in that field since 1995. She served on the Board Certification Committee in Immigration and Nationality Law for many years including as the Chair of the Committee.

Ms. Henin-Clark taught immigration law at the prestigious Levine College of Law of the University of Florida.

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