Employer’s Guide to Form I-9 Compliance, Errors and Rectifying Mistakes

Employers and HR professionals have no shortage of forms and paperwork, but when it comes to Form I-9 compliance, even small mistakes or errors can result in violations and hefty fines. With ICE’s recent updates to what qualifies as substantive violation, the chance for Form I-9 errors or mistakes has just gotten larger.

Why do Form I-9 errors even matter? As it turns out, civil fines for paperwork violations can cost employers hundreds to thousands of dollars per form. These issues, if and when uncovered during an U.S. Immigrations Customs and Enforcement Agency (ICE) audit can end up costing reputational damage and increased regulatory scrutiny.

No employer is exempt from Form I-9 challenges. You could be a startup employing 7 employees or a Fortune 500 company with thousands of employees on your payroll, the challenges and damages from Form I-9 mistakes remain the same.

I-9 Errors in Employee Section (1) of the Form

This part of the form is where the employee fills in their personal information and attests, under penalty of perjury, to their authorization to work in the United States of America. A few common Form I-9 mistakes that employees often make resulting in massive penalties.

Missing Signature or Date

An employee might forget to sign or date the form. In addition, the time-frame for completion of the Form I-9 is non-negotiable. It must be completed on or before their first day of work.

Incomplete Fields

Employees can erroneously skip selecting the appropriate citizenship status, not include an expiration date of their employment authorization or make typos in the date of birth (DOB) field.

Using Prefilled Forms

Employers tend to fill using prefilled forms to save time and here’s where a lot of complications arise. As an employer, you should not pre-fill any information in the Section 1 of the Form I-9.

I-9 Mistakes in the Employer Section (2) of the Form

The responsibility of any employer is to examine the documents provided by the employee and verify that they appear genuine and relate to the employee. But, here’s where a lot of employers end up making Form I-9 errors.

Document Information TYPOS

Incorrectly recording the document information can occur if HR professionals aren’t well-trained, are rushed or do not realize the importance of accuracy on Form I-9.

Collecting too many documents

Who doesn’t want to collect all the documents needed so nothing goes amiss. Here’s where a major goof up happens. Employees only need one from List A, or one from List B and List C. (You may read about the documents required, here.) Furthermore, employers may not direct employees regarding which documents to provide.

Missing Document Numbers or Issuing Authority

A lot of critical fields in the Form I-9 are often overlooked and the end result is missing documents.

Late Completion

Employers are required to complete Section 2 and verify documents within three business days of the employee’s start date. The timeframe is non-negotiable and is a substantive violation if not completed within three days of the employee’s start date.

Supplement B (formerly Section 3) Form I-9 Errors

Supplement B or Section 3 of the Form I-9 is used for updating or reverifying an employee’s work authorization when it expires. It is also used while rehiring someone within three years of the date the original Form I-9 was completed.

Incomplete Reverification

Failing to enter new document details when an employee’s work authorization expires.

Failure to Reverify

This step can be missed if you’re not tracking expiration dates. It’s easy to get this wrong in the Form I-9 and end up with penalties.

Reverifying Employees who don’t require reverification

The trickiest part of Form I-9 is determining which employees must be reverified. For example, US citizens never need to be reverified, only if someone’s work authorization expires.

How to Fix I-9 Errors in the Form

Correcting Form I-9 mistakes is possible, but it must be dealt with in a way that’s transparent, timely and in compliance with the USCIS. Here’s how to correct Form I-9 errors before it’s too late:

Corrections in Section 1

Employers cannot edit or correct Section 1 errors of Form I-9. Employees must be contacted to rectify any errors in the Form.

Backdates aren’t allowed

The biggest mistake employers make during corrections is using back dates. Be honest about the timing of correction in Form I-9.

Don’t obscure original entries

The rule of compliance is never making it look like you’re hiding something. Strike through incorrect information with a single line.

Initial and Date all corrections

Whoever makes the correction should write their initials and the current date next to the change.

Use a memo for fixes

If the mistake requires an explanation, attach a brief memo explaining what happened and how it has been address.

Form I-9 compliance is tricky and even small errors can attract major penalties. With recent ICE updates to what qualifies as a substantive error, employers need to be extra careful when it comes to Form I-9 compliance. With a little diligence, you can stay ahead of the curve.

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