I-9 Remediation: 5 Tips to Help Reduce Risk
This is the final post in our four-part series for HR professionals, called “I-9 Audit and Remediation Best Practices.”
In our previous post, 10 Common I-9 Errors Identified During an Internal I-9 Audit, we discussed frequent errors found in each section of the Form I-9. Once you have reviewed and identified your I-9 errors, you need to determine where and how you should make corrections.
I-9 Remediation Efforts: Where to Start
U.S. Citizenship and Immigration Services (USCIS) provides instructions for correcting Form I-9 via I-9 Central. Additionally, USCIS and the Immigrant and Employee Rights Section (IER) have provided joint guidance to help employers perform internal audits via Guidance for Employers Conducting Internal Employment Eligibility Verification Form I-9 Audits.
I-9 Remediation Tips
- Deal with missing Forms I-9 as soon as possible. Complete the current version of Form I-9 when an I-9 is missing. Typically, employers receive a lower penalty for late I-9s compared to missing I-9s. Additionally, correcting your issues when you discover them can show a good-faith effort towards compliance.
- Employees must make corrections to Section 1. Section 1 of the Form I-9 is always the responsibility of the employee. For that reason, corrections to Section 1 should only be made by the employee.
- Employers can make corrections only to Sections 2 and 3. The employer or their authorized representative must always complete Section 2 and Section 3 of Form I-9. Likewise, this requirement applies to any corrections.
- Maintain a detailed audit trail. The audit trail should include details about any corrections made to a Form I-9. A few examples include:
- name of the person making changes
- the date changes are made
- description of all changes
- Complete a new Form I-9 if needed. If multiple mistakes were made on the original Form I-9, it might be best to complete a new Form I-9. Be sure to retain the original as part of the audit trail.
Register for a Demo
Equifax has technology to help you undertake your audit and remediation project. See a demo of our award-winning service, which was named a top HR product of 2017 by the editors of Human Resource Executive®.
Recommended For You
Form I-9 Expiration Date The current Form I-9 expiration date is August 31, 2019. This does not mean that employers […]
We just got back from the SHRM19 (Society for Human Resource Management) annual conference and exposition in Las Vegas, and […]
New Fine Structure for Penalties Assessed after April 5 Penalties for Form I-9 violations have increased for 2019. The new […]
I-9 Enforcement has Employers Nationwide in the Hot Seat. I-9 worksite enforcement more than quadrupled in FY 2018, as compared […]