1-9 MISTAKES
Employers can demonstrate their goodfaith efforts to comply with federal law by making a list of all forms that contain errors and documenting any corrections . Both USCIS ’ s Handbook for Employers and I-9 Central provide resources for employers conducting internal audits .
FAILING TO REVERIFY EMPLOYMENT AUTHORIZATION
Employers must reverify an employee ’ s employment authorization if the document has an expiration date . An employer does this by examining the employee ’ s new work authorization document and completing Section 3 of the form . If employers fail to reverify an employee ’ s work authorization document , they may be subject to penalties and fines for knowingly employing an individual who is not authorized to work in the United States .
Employers must reverify an employee ’ s work authorization document on or before the expiration date provided in Section 1 of Form I-9 — the employee information and attestation portion of the form . Employers frequently fail to record and track the expiration dates of their employees ’ employment authorization documents when employees initially complete the form . As a result , many employers do not reverify their employees ’ work authorization or do not do so in a timely manner .
Reverification is further complicated by the fact that an employer is only permitted to reverify an employee ’ s employment eligibility under limited circumstances . Doing so outside of those circumstances can result in expensive document abuse violations . Additionally , in some circumstances , reverification is not required or is subject to special rules . Employers who fail to sign Section 3 when reverification is required may be penalized or fined .
These errors commonly occur when organizations fail to assign a dedicated individual to oversee their Form I-9 operations or establish a reverification process . Employers can take steps to minimize these errors by training staff , establishing accountability and instituting processes to ensure they do not miss critical Form I-9 reverification requirements .
IMPROPERLY MAKING CORRECTIONS
It ’ s common for completed Forms I-9 to contain errors or missing information . If employers discover errors or missing information , they need to correct or add information in a timely manner and document their actions . It ’ s important for employers not to conceal any changes to Form I-9 , including erasing text or whiting it out . According to USCIS guidelines , employers need to draw a line through the incorrect information and initial and date the correction with the current date . For any corrections , employers must attach a memorandum outlining why the information needed correcting or was missing .
If employers need to correct multiple errors in a section , they may redo the section on a new Form I-9 and attach it to the originally completed form . Employers may also do this if a completed form contains major errors , such as entire sections being left blank or using unacceptable documents to complete Section 2 — the employer review and verification portion of the form .
UNSUPERVISED EMPLOYEES COMPLETING SECTION 1
While training HR professionals on proper Form I-9 procedures is essential , it ’ s unrealistic to expect new hires to be familiar with the form . Best practices can reduce the overall cost and burden of an organization ’ s Form I-9 operations . One of the simplest ways to ensure organizations comply with Form I-9 requirements at the outset is by supervising employee completion of Section 1 . HR professionals or onboarding specialists can explain this section to new hires and answer any questions they may have . This can reduce errors , ensure all necessary information is provided and recorded properly and confirm appropriate documentation is provided . In some cases , new hires may complete Section 1 before their first day of work . In these situations , an employer can review the employee ’ s completed form to ensure it ’ s completed correctly and have the employee make any needed corrections .
FAILING TO MONITOR FORM I-9 CHANGES OR UPDATES
Employers are responsible for monitoring and complying with any changes to Form I-9 rules and procedures . This requires employers to be diligent and continually monitor Form I-9 requirements . For example , the U . S . Department of Homeland Security updates Form I-9 every few years . Employers are required to use the most recent version of the form . Moreover , Form I-9 procedures and rules change or are updated from time to time . Failing to comply with any changes or updates , like using a previous version of the form , can result in expensive penalties and fines . Consequently , organizations need to establish procedures to ensure they are aware of any changes or updates to Form I-9 procedures and rules .
SUMMARY
Form I-9 requirements impact all employers . As enforcement actions continue to escalate , Form I-9 compliance appears to be especially vital . By understanding the most common Form I-9 mistakes , employers can evaluate how well their organizations are meeting Form I-9 requirements and whether they are prepared for a possible government audit .
This article provides a general overview of common Form I-9 mistakes and is not intended to be an exhaustive list . Due to the complexities of complying with Form I-9 requirements , employers are encouraged to seek legal counsel to discuss specific issues and concerns . +
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