Power Tools & Tips For Workplace Leaders

"Warning: Midwest business hit with fines exceeding $40,000 for I-9 paperwork errors!"


Top 10 Mistakes Employers Make When it Comes to I-9 Forms!
The   I-9 form , or Employment Eligibility Verification form, is deceptive in its simplicity. The Immigration and Nationality Act requires that employers must have an I-9 for all employees, whether they be U.S. citizens or not, and there are a number of parts that can trip you up as an employer.
#1 Not Filling in the Blanks

It may seem obvious, but everything must be filled out. Too often, employers leave something they consider inconsequential blank. Do not even leave the lines for dates blank. Doing so can lead to a fine.
#2 Employer not filling out and not signing Section 2

Section 2 must be filled out completely within 3 business days of employment. It must also be signed and dated-a step often overlooked by managers.
#3 Filling Out the Preparer/Translator Section as an Employer

Employers sometimes think they need to fill out the preparer/translator certificate section. In actuality, someone other than the employer needs to act in that role and fill it out.

#4 Not Keeping the Form Long Enough

A common mistake for employers is that they think they only need to keep the I-9 for three years. Instead, you need to keep it for as long as the employee works for you plus one year or for up to three years, whichever is longer. Also, do not put the I-9 form in an employee’s personnel file. To protect against discrimination claims, keep it and supporting documentation in a separate file.

#5 Handing out the Spanish Speaking Form to Spanish Speaking Employees

  It is tempting to give your Spanish-speaking employees the Spanish version of the I-9. But resist. That version can only be used in Puerto Rico. However, it can be used as a reference for the employee to fill out the English version.
#6 Making Corrections

Employers may only make corrections in
Section 2 or 3. If you discover an error in Section 1 of an employee’s Form I-9, you should ask your employee to correct the error.

To correct the form: 
  • Draw a line through the incorrect information.
  • Enter the correct information.
  • Initial and date the correction.

To correct multiple, recording errors on the form, you may redo the section on a new Form I-9 and attach it to the old form. A new Form I-9 can also be completed if major errors (such as entire sections being left blank or Section 2 being completed based on unacceptable documents) need to be corrected. A note should be included in the file regarding the reason you made changes to an existing Form I-9 or completed a new Form I-9.

Be sure not to conceal any changes made on the form (other than simple notation errors when copying document information). Doing so may lead to increased liability under federal immigration law.

Click here to read tips 7-10!
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Do You Have Specific HR Questions?

If so, we have answers! Connect with us today at info@alternativehrd.com or by calling 605.335.8198!
Did You Know?
U.S. Immigration and Customs Enforcement (ICE) quadrupled worksite inspections in 2018!

In the past few years, ICE has initiated a horde of paperwork audits looking at I-9s. ICE also increasingly brings cases against employers under the criminal code, rather than civil penalties. The agency says the new focus on employers, rather than employees, is “to target the root cause of illegal immigration.”

Poor documentation can exceed $2,000 per worker, and knowingly hiring an illegal immigrant can result in a $20,000 per worker fine plus criminal charges!

Any business can be subject of an I-9 audit. To sidestep potential legal trouble and discrimination complaints, contact Alternative HRD . We can conduct an
I-9 audit of your business to help assure you are in compliance!
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