An I-9 form may appear to be a simple one-page piece of hiring paperwork. However, the one page I-9 form comes with enough rules and regulations to get employers into hot water. There are many common mistakes and human errors that can be made while completing and maintaining I-9 records. To avoid the potentially high costs of an I-9 violation, employers should keep these six common I-9 processing errors in mind:
1. Incorrect or Missing Forms: Common I-9 documentation mistakes include incorrect dates, missing signatures, and incorrect identifying documents. It is also possible for an employer to fail to complete an I-9 form altogether or misplace a completed form during filing.
2. Failure to Follow the Three-Day Rule: I-9 forms must be completed within three business days of the employee’s first day of work. This means that the employee must complete section one of the form, provide identification documents and have those documents verified by the employer, all within three business days.
3. Failure to Re-verify: For employees of certain citizenship statuses, employers will need to track and update the employee’s supporting I-9 documentation. This supporting documentation includes an expiration date and it is the employer’s responsibility to monitor that date and request new documentation prior to expiration.
4. Improper Identifying Documents: In the flutter of activity during hiring, it can be difficult for hiring managers to check that all necessary documents are presented and valid. If an employer fails to obtain the right combination of identifying documents from lists A or lists B and C, then the I-9 documentation will be considered incomplete and the employer becomes subject to fines.
5. Improper Document Maintenance: Federal regulations require employers to maintain I-9 forms either one year after the date of termination, or three years after the date of hire, whichever is greater. If an employer fails to destroy I-9 forms within the outlined time frame, then that employer will be subject to fines.
6. Lack of Supporting Documentation for E-verify Photo Matching: In 2010, E-Verify introduced photo matching as a way to prevent employees from using false identifying documents. For passports, passport cards, permanent resident cards and employee authorization cards the E-verify system will require employers to compare the document photo with an onscreen photo as an additional security measure.
PRACTICE TIP: In order to assist with your I-9 compliance responsibilities and avoid potentially hefty fines, employers should consider these six common I-9 documentation mistakes. Even with a good system of checks and balances in place, it is still possible for hiring managers to make these common errors.
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