Common I-9 and E-verify Mistakes

Employers and Employees may make certain mistakes while filling the Form I-9. Below is the list of some Common mistakes:

#1 – Tardiness of Completion

An employer must complete Form I-9 each time they hire a person to work or provide services in the United States in exchange for a person to perform labor or services in the U.S. in return for wages or other remuneration. Following these two simple rules can reduce the mistakes in Form I-9:

• Before the end of the first day of work, the employee must fill out Section 1 of Form I-9.  The employee may complete Form I-9 earlier than the first date of employment as long as the individual has accepted the job

• Three business days after the employee starts their first day of paid work, the employer must finish Section 2 of Form I-9. For instance, if the employee begins work on Monday, the employer must review documents and complete Section 2 on or before Thursday. If the employer hires someone for less than three business days, Section 2 must be completed no later than the first day of employment

#2 – Delay in Re-Verification of Employment Authorization

• The majority of the time, the employer must-revalidate an employee’s employment authorization in Section 3 of Form I-9 when their employment authorization or employment authorization documentation expires. If someone can’t show their documentation of current work authorization, an employer cannot keep hiring them. Therefore, to avoid late reverification, always remember to:

1. Establish a calendar notification system for employees whose employment authorizations are about to expire and provide them with at least 90 days’ notice before the expiration date

2. Reverify on Form I-9, Section 3, before the expiration date of the employment authorization

#3 – Accepting a Restricted Social Security Card as a “List C” Document

An employee can present a Social Security Card as a “List C” document to demonstrate employment authorization (in combination with a “List B” document to demonstrate identity). Many employers are not aware that a restricted social security card is never acceptable as identification for a job. Remember the following to avoid making errors:

• Only accept an unrestricted Social Security Card if presented as a “List C” document 

• A restricted social security card is easily recognizable and will include one of the following restrictions:

 (1) Not valid for employment,

 (2) Valid for work only with INS authorization, or 

(3) Valid for work only with DHS authorization

• If presented with a restricted social security card, the employer must reject the document and ask the employee to choose different documentation from List A or List C.

#4 – Failure to Comply with Company’s Photocopying Policy

During the I-9 verification process, Employees are given a list of acceptable documents (List A or List B and C) to present to their employer as proof of both identity and employment authorization. Some companies prefer to retain copies of the documents provided by employees. Employers must be consistent with the company’s photocopying policy to avoid claims of discrimination. To avoid issues in the future:

• Don’t be selective. If the employer chooses to make copies of employee documentation, they must do so for all employees

• Create an office-wide policy for photocopying employment verification documents and ensure strict compliance

• Ensure key personnel is fully trained on all I-9 rules and the company’s internal I-9 procedures

#5 – Using White-out to Correct Errors on Form I-9

In Form I-9, using white-out is never allowed to correct any mistakes in the Form. Doing so can create suspicion in the event of an official ICE I-9 audit. Instead of using White-out, one should do the following:

• Enter the correct information, such as the initial and date in the margin (employees must make corrections in Section 1, and employers in Sections 2 and 3)

• An employer can use a new Form I-9 for multiple recording errors or omissions and attach it to the original

• Attach a note to the employee’s Form I-9 regarding the changes that were made to an existing Form I-9 or why a new Form I-9 was implemented

• Immigration status missing/blank in section 2
• The date entered is not in mm/dd/yyyy format