How to Correct Errors on Form I-9
If you have employees, it is inevitable that you will occasionally discover an error on an I-9. Whether the mistake was yours or your worker’s, it must be fixed to stay in compliance with federal laws and regulations.
Therefore, it is important to understand how to correct errors on Form I-9 properly. The business immigration attorneys at Monty & Ramirez LLP could train your staff in this and other important facets of I-9 compliance.
Why Is Error Correction Important?
Maintaining proper records is essential to a well-run business. With Immigration and Customs Enforcement (ICE) focusing on unauthorized workers, I-9 compliance may be an area of particular interest.
Some of your company’s I-9s may have missing or incorrect information. Correcting these errors is essential to compliance, while trying to hide them can lead to enhanced penalties.
Our lawyers can train your Human Resources staff on avoiding, identifying, and properly correcting mistakes on I-9 forms. If you have already received a Notice of Inspection from ICE, you should contact us immediately. We could help protect your business during an inspection or enforcement action.
Proper Correction of Mistakes in Form I-9 Section 1
Section 1 of the I-9 must be completed by the worker. They may make errors such as omitting a field or checking more than one box designating their immigration status. Sometimes a worker forgets to sign or date the attestation.
You should review the I-9 with the employee after they fill it out to identify any errors or omissions. You can ask them to add anything they forgot and correct any errors. They should make the necessary corrections in red ink and sign and date the correction.
You should never correct information in Section 1. The employee attests to the truth of their answers when they sign the form, and they must make any corrections. If you have concerns about incorrect information on an I-9 form and the employee is unwilling or unavailable to correct the error, you should contact one of our attorneys for help.
Correcting Errors in Section 2
If you discover an error in Section 2, you can correct it yourself. The manner of correction depends on the type of error. In all cases, our business immigration attorneys advise visible corrections to an I-9. Do not try to erase or white out an incorrect entry.
For example, perhaps you made copies of the worker’s documents proving they were authorized to work, but you did not input the information into the form. You can add it later, but you must date and sign the addition. That ensures there is no attempt to hide the original oversight.
If you entered incorrect information, you can draw a line through it and put the correct information in the margin. If there are multiple errors, you could complete a new I-9 form with the correct information. Attach it to the original with a signed and dated note explaining the errors.
Work With Our Immigration Attorneys To Correct Errors on I-9 Forms
Form I-9 compliance is important even when you only hire U.S. citizens. If your workforce includes people with limited or temporary work authorization, your risk of an audit increases. Your attention to compliance should increase accordingly.
The lawyers at Monty & Ramirez LLP can train your staff on how to correct errors on Form I-9 and other compliance matters, so contact us today to get started.