When it comes to employment eligibility verification in the United States, Form I-9 is a crucial document that employers must retain for all employees. However, filling out this form correctly is easier said than done. Even small errors can lead to penalties, with the minimum fines starting at $110 per violation. Let's dive into the common errors associated with Form I-9, understand why they occur, and explore the minimum penalties involved.
Why Do I-9 Errors Occur?
Form I-9 errors happen for various reasons:
- Incomplete Information: Omissions in the employee or employer sections can lead to incomplete forms.
- Incorrect Dates: Listing an incorrect date for when documentation was presented or the employee started work.
- Expired Documents: Employees presenting expired documents for verification.
- Signature Issues: Missing or illegible signatures from both the employee and employer.
- Inconsistent Information: Mismatched information between sections or between the form and supporting documents.
- Overfilled or Blank Sections: Overwriting in sections meant for future use or leaving required sections blank.
Common Form I-9 Errors
Here are some of the most common errors encountered with Form I-9:
1. Incorrect List A, B, or C Document Selection
One of the most frequent errors occurs when the wrong combination of documents is accepted during verification:
- Employees must present either one document from List A, which establishes both identity and employment authorization, or a combination of documents from List B (for identity) and List C (for employment authorization).
- Employers sometimes mistakenly accept incorrect or outdated documents.
2. Failure to Reverify Expiring Documents
When employment authorization documents have an expiration date, they must be reverified:
- The employee must present a new document before the expiration date.
- Employers failing to reverify these documents face penalties.
3. Incorrect or Incomplete Sections
Errors in completing sections properly can result in incomplete forms:
- Not all required fields may be filled, or sections might be completed by the wrong party.
- The employer must complete Section 2 within three days of the employee’s first day of work.
4. Not Providing Translations for Foreign Documents
Foreign documents not in English require certified translations:
- The translation must be attached to the original document.
- Failing to provide a translation can result in fines.
📜 Note: Always provide certified translations for non-English documents to avoid potential issues during I-9 audits.
5. Improper Storage and Retention
Employers must store Form I-9s correctly:
- Maintain I-9 forms separate from personnel files.
- Keep them accessible for government audits.
- Failure to retain these forms for the mandated period (three years from the date of hire or one year from termination, whichever is later) can result in penalties.
🗃 Note: Ensure secure and organized storage of Form I-9s. Electronic storage must meet specific DHS standards.
Minimum Penalties for Form I-9 Errors
The Immigration and Nationality Act (INA) sets the stage for penalties:
- Knowing Violations: Knowingly hiring unauthorized workers results in fines up to 1,859 per employee for the first offense.</li> <li><strong>Technical Violations:</strong> Minor errors like missed signatures or incorrect dates carry minimum fines of 110 for the first offense. However, if the employer corrects these errors within 10 business days upon notification, the fine might be waived.
⚖️ Note: Technical violations can often be corrected within 10 days to avoid fines, but employers must act swiftly upon receiving notification.
Steps to Avoid Form I-9 Errors
To minimize errors and ensure compliance:
- Training: Provide regular I-9 training for staff involved in hiring.
- Use I-9 Software: Utilize electronic I-9 software to help with guidance and auto-populate fields.
- Double-Check: Implement a review process to ensure all sections are filled out correctly.
- Stay Updated: Be aware of document updates and changes in regulations.
- Timely Reverification: Set reminders for document expirations.
The intricacies of Form I-9 compliance can be daunting, but with diligence, employers can avoid these common errors and the associated fines. By understanding the common pitfalls, implementing preventive measures, and staying current with the ever-evolving landscape of immigration compliance, employers can safeguard against unnecessary penalties.
Final Thoughts
Managing Form I-9 compliance is crucial for any employer. With the minimum penalty at $110 per violation, even small oversights can add up. Through systematic training, leveraging technology, and a thorough understanding of the form’s requirements, employers can ensure that their I-9 processes are sound, reducing the risk of errors and subsequent penalties. Keeping abreast of changes in legislation and promptly addressing any identified issues is not only a legal requirement but also a fundamental aspect of responsible business practice.
What should I do if I find an error on an already submitted Form I-9?
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If you find an error on an already submitted Form I-9, you can correct it by drawing a line through the incorrect information, writing the correct information next to it, and initial and date the correction. For electronic forms, follow the system’s guidance for corrections.
Do I have to retain Form I-9 for contractors?
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No, you are not required to retain Form I-9 for independent contractors. However, if these individuals are misclassified as contractors when they should be considered employees, you could face penalties.
Can I use a permanent resident card (green card) for Form I-9 verification?
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Yes, a permanent resident card or “green card” is a List A document that establishes both identity and employment authorization. It is valid until the expiration date shown on the card.
