Common I-9 Errors: How to Avoid Them
What are Basic Form I-9 Requirements?
All employees hired after November 6, 1986 must have a I-9 form on file
Employers must use the current version of I-9 form, issued on 8th March 2013, and with an expiration date of 31st March 2016
The I-9 Form contains three sections: ◦ Section 1: Employee Information and Verification ◦ Section 2: Employer Review and Verification ◦ Section 3: Updating and Re-verification
Common Mistakes in Section 1
Employee does not enter name, other names used (e.g., maiden name), address or date of birth Employee does not enter “A” number/USCIS number after selecting “A Lawful Permanent Resident.” Employee does not enter “A” number/USCIS number or Form I-94 Admission number after selecting “An alien authorized to work until.” Employee does not sign or date the attestation. Employee does not complete Section 1 on the first day of employment Employee does not check one of the boxes indicating that he or she is a citizen or national of the U.S, a lawful permanent resident, or an alien authorized to work until a specified date—or checks multiple boxes attesting to more than one of the above.
Common Mistakes in Section 2
Employer does not enter acceptable List A document or acceptable List B and List C documents on the form. Employer does not enter the document title, issuing authority, number(s) or expiration date for the documentation presented. Employer does not enter its business title, name or address. Employer does not enter the date employment began (i.e., date of hire). Employer does not sign, date and print name in the certification. Employer does not complete Section 2 by the third business day after the date the employee began employment, or, if the employee is hired for three business days or less, at the time the employee started employment.
Common Mistakes in Section 3
Employer does not enter the document title, number or expiration date for the acceptable documentation presented. Employer does not enter the date of rehire, if applicable. Employer does not enter the employee’s new name, if applicable. Employer does not sign or date the certification. Employer does not complete Section 3 until after the employee’s work authorization has expired.
Tips for Avoiding Errors While completing the form employers should ensure that: ◦ The information on the form is clear and readable. ◦ The date entered in Section 2 as the date the employee began employment matches date in payroll records. ◦ Highlighting marks, hole punches and staples do not interfere with an authorized official’s ability to read the information on the form. ◦ Copies of the documentation retained with form I-9 are legible, if copies of documentation are made. ◦ Abbreviations used are widely understood. Unless an abbreviation is widely known, do not use it. ◦ All applicable sections of the form are completed. ◦ The current version of the form I-9 is used. ◦ The English version of the form is completed, unless the form is being completed in Puerto Rico. The Spanish version is approved for use only in Puerto Rico. ◦ Treat employees in a non-discriminatory manner, let the employee choose supporting documentation and do not overly document .
Want to learn more about form I-9 , its requirements and best practices to comply with them? ComplianceOnline webinars and seminars are a great training resource. Check out the following links: I-9 Compliance: Knowing What to Do and When to D
I-9 Compliance: How to Avoid an ICE Meltdown
Form I-9: ICE Storms Could Cost Your Company Mill
Form I-9 and E-Verify, How to Stay Compliant
How to Ensure ICE I-9 Compliance
How to Survive an I-9 Audit