Common I9 Mistakes and How to Fix Them

By VICKY BROWN

Guide to Correcting I-9 Mistakes: A Step-by-Step Approach

Let’s talk about something that makes most employers nervous – I-9 forms. While they might seem straightforward, these important employment verification documents are surprisingly easy to get wrong. But don’t worry – I’m going to walk you through how to identify common mistakes and, more importantly, how to fix them the right way.

Common I-9 Mistakes to Watch For

Before we dive into the correction process, let’s look at where things typically go wrong. Trust me, after 20 years in HR, I’ve seen it all.

Employee Section Errors

The employee section (Section 1) is where the journey begins, and unfortunately, where many mistakes first appear. Common issues include:

  • Incomplete sections or missing information that should have been provided at the time of hire
  • Multiple citizenship categories selected when only one should be marked
  • Missing signatures or dates in required fields

Employer Section Mishaps

The employer section (Section 2) is equally prone to errors. Here’s what I frequently see:

  • Documents listed in incorrect sections or multiple sections when unnecessary
  • Over-documentation by listing items in all three sections instead of just List A or List B and C together
  • Incomplete or incorrect document information (like writing “Motor Vehicles department” instead of the specific state DMV)
  • Missing employment start dates or certification information

How to Conduct an Internal I-9 Audit

While not legally required, conducting regular I-9 audits is like getting a regular health check-up – it helps catch small issues before they become major problems. Here’s how to do it right:

Planning Your Audit

Start by making some key decisions:

  • Will you review all I-9s or just a sample?
  • If selecting a sample, ensure your criteria are neutral and non-discriminatory (like reviewing all forms from the past year or checking them alphabetically)
  • Document your selection process and criteria – this could be important later

Making Proper Corrections

When you find errors, here’s how to handle them correctly:

  • For Section 1 corrections, only the employee can make changes
  • Have employees draw a single line through incorrect information
  • Ask them to write in the correct information and initial and date the change
  • Never use white-out or correction fluid
  • Absolutely no backdating – this is a serious compliance issue

…forget about white out, correction fluid or tape – if you make a mistake, just cross it out, put in the correct information, initial and date.

Special Situations

Sometimes you’ll encounter unique challenges:

  • Missing I-9s require immediate completion using the current form version
  • For former employees, attach a signed and dated explanation of why corrections couldn’t be made
  • Wrong form version? Don’t panic – either attach it to a current blank version with an explanation or include a note with the original form

Best Practices for Maintaining Compliance

To keep your I-9 process running smoothly:

  • Communicate clearly with employees about the audit process
  • Give reasonable time for gathering new documents if needed
  • Never request specific documents – let employees choose from the acceptable documents list
  • Document everything, including your process and reasons for corrections
  • Maintain consistency in how you handle similar situations
  • Keep all I-9 information secure and discuss issues privately

Whether you’re an entrepreneur jumping into a leadership role, a seasoned business pro with new HR responsibilities, or just starting your HR career – we’ve got the right path to guide you through your HR hurdles.

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Moving Forward

Remember, the goal isn’t perfection – it’s compliance and continuous improvement. Use what you learn from your audit to update your procedures and implement regular checks.

Ready to Strengthen Your HR Compliance?

At Idomeneo, we understand the complexities of HR compliance. Whether you’re looking to conduct your first I-9 audit or need guidance on improving your current processes, our team is here to help.

Want to learn more about maintaining HR compliance? Join our HR SimpleStart Academy, designed specifically for business professionals managing HR responsibilities.

Have questions about I-9 compliance or other HR matters? Contact us today for a consultation. Let’s ensure your HR practices are both compliant and efficient.

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