Common I-9 Mistakes

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Filling out Form I-9 can seem simple but mistakes are very common and can lead to violations and fines. Read below the common mistakes and what you can do to assure they do not happen.

Signing the I-9 before the hire date

This mistake often occurs when employers give the Form I-9 to be signed before the hire date. In order to avoid the mistake, make sure the employee signs on their hire date.

Signing Section 1 of I-9 after the hire date

Another common mistake that often occurs because employers forget to give the employee the Form I-9 on their hire date. Signing after the hire date is a technical violation that can lead to a fine.

Not entering the name on the I-9 form itself

All sections of the Form I-9 need to be filled. Something as simple as not filling the name section is very common but can lead to a technical violation and a fine.

Not completing Section 2 of the I-9

The employer also has to complete their designated sections of the Form I-9 in order to avoid violations and fines.

Not entering the hire date on the I-9 in the certification

The employer is also responsible for filling the correct hire date on the Form I-9. Failure to do so will lead to violation and a fine.

Using old forms

Make sure the Form I-9 is the most current version when signing. You can find the most current version on the U.S. Citizenship and Immigration Services website or click here for the most updated version.

Not providing forms in Spanish

If the employee requests to have the form in Spanish in order to better understand you must be able to provide it for them. You can find the form in Spanish on the U.S. Citizenship and Immigration Services website or click here for the most updated version.

Not providing an interpreter when requested

If you have a language barrier with your employee you must have an interpreter present so the employee understand exactly how to fill out the form and what they are signing.

Accepting photocopies of documents

An employee is never permitted to present a photocopy of a List A, List B, or List C document. The exception of this rule would be a certified copy of a birth certificate.

Being selective of which employees fill out Form I-9

You cannot select who fills out Form I-9 and who does not. Every employee needs to fill the Form I-9. Failure to do so leads to violations and fines.

If have any questions or concerns regarding I-9 compliance contact our Of Counsel, Deepak Ahluwalia at deepak@patelgaines.com