Common I-9 Errors and How to Correct Them

I-9 errors are common. And costly. Whether it is an incomplete form, a mismatched document number, or a reverification oversight, errors can happen to even the most experienced HR professional.

The good news? Many Form I-9 mistakes are correctable if addressed quickly and properly. Even better, with the right tools and training, common errors can be prevented altogether. 

Top Takeaways for HR

• ICE will take any “good faith” efforts into consideration if you are audited. When a mistake is found, you must follow proper correction guidelines: strike through the error with a single line, enter the correct info, and initial/date with the current date, and never use white-out or backdate a form.
• Some errors that were previously considered technical and correctable are now classified as Substantive Violations. This includes missing dates of birth, missing hire dates, or failing to check the "alternative procedure" box for remote verification. These errors now trigger immediate fines and are not granted the traditional 10-day grace period for correction beginning after the date of the explanation of the error.
• A common and costly mistake is "saving time" by pre-filling Section 1 for an employee or correcting their typos yourself. Legally, Section 1 can only be completed and corrected by the employee; if you find an error in this section, you must return it to the employee to fix, initial, and date, or you risk a violation for interfering with their attestation.

Why I-9 Errors Matter 

Form I-9 errors can lead to serious consequences. Civil fines for paperwork violations can range from hundreds to thousands of dollars per form, and issues uncovered during an U.S. Immigrations Customs and Enforcement agency (ICE) audit can also result in reputational damage and increased scrutiny. What’s worse is that even seemingly minor administrative errors can be cited as substantive violations. 

Whether you're a startup hiring your fifth employee or a Fortune 500 company with thousands on your payroll, no organization is exempt from Form I-9 challenges. Let’s dig into common errors and how you can correct them. 

Common I-9 Errors & Examples 

There are several common errors for each section of the Form I-9. Let's dive into what those could be.

Section 1: Employee Section 

This is where the employee inputs their personal information and attests, under penalty of perjury, to their authorization to work in the U.S. Here are some common errors that employees can make and if overlooked, your organization can be fined: 

1. Missing Signature or Date: An employee might forget to sign or date the form. The time frame for completion of Section 1 is non-negotiable: as mentioned, it must be done on or before their first day of employment. 
2. Incomplete Fields: It’s easy for employees to mistakenly skip selecting the appropriate citizenship status, not include an expiration date of their employment authorization or make typos in the date of birth field. 
3. Using Prefilled Forms: Employers sometimes send pre-filled forms to “save time,” however Section 1 can only be completed by the employee.  As an employer, you should not pre-fill any information in Section 1 of Form I-9.   

Section 2: Employer Section 

This is your responsibility as an employer. It includes examining documents and verifying that they appear genuine and relate to the employee. Common errors include: 

1. Document Information Typos: Incorrectly recording the document information can easily happen if employer representatives are not well-trained, are rushed or do not realize the importance of accuracy on Form I-9.   
2. Collecting too many documents: This happens when employers accept List A (documents which establish identity and work authorization), List B (documents that establish identity), and List C (documents that establish work authorization) documents. You only need one from List A, or one from List B and C. Also, employers may not direct employees regarding which documents to provide.  
3. Missing Document Numbers or Issuing Authority: These are critical fields and often overlooked. 
4. Late Completion: Employers must complete Section 2 and verify documents within three business days of the employee's start date. This 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): Reverification and Rehires 

This section is used for updating or reverifying an employee’s work authorization when it expires or rehiring someone within three years of the date the original Form I-9 was completed. Some common mistakes include: 

1. Incomplete Reverification: Failing to enter new document details when an employee’s work authorization expires. 
2. Failure to Reverify at All: If you’re not tracking expiration dates, this step can easily be missed. It’s easy to get this wrong and very important to get it right because the penalty for employing unauthorized employees is very costly.   
3. Reverifying employees who don’t require reverification: It’s tricky to determine 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 

So, you’ve spotted a mistake. What now? 

Correcting Form I-9 errors is possible, but it must be done in a way that’s transparent, timely, and compliant with the USCIS. If you are ever audited, ICE will see your Form I-9 corrections as making a good faith effort to stay compliant. Here’s how to correct common I-9 mistakes: 

1. Don’t Use White-Out or Obscure Original Entries 
   The golden rule of compliance is never making it look like you’re hiding something. Always strike through incorrect information with a single line. 
2. Initial and Date All Corrections 
   Whoever makes the correction should write their initials and the current date next to the change. 
3. Use a Memo for Complex Fixes 
   If the mistake requires more explanation (e.g., Section 2 was completed late), attach a brief memo explaining what happened and how it’s been addressed. 
4. Never Backdate 
   This is a big one. Always use the current date when making corrections and be honest about the timing should any Form I-9 be completed late. 
5. Corrections to Section 1 
   Employers cannot edit or correct Section 1. Employees must be contacted to remedy any errors made in Section 1.  

For detailed guidance on correcting I-9 errors, check out the USCIS guide on correcting I-9s. 

The Risk of Self-Auditing Without Help 

Let’s say your team decides to conduct an internal I-9 audit. Great initiative! But the reality is that without proper training, these audits can create more risk than they solve. There is the potential to make unintentional corrections that violate guidelines or miss critical patterns of noncompliance. 

The truth is, self-auditing requires expertise, and that’s where external support becomes invaluable. Before diving into an audit, download our free I-9 Audit Checklist to get a sense of what to look for and where to start.