Completing the I-9 form is an important part of the onboarding process for both employers and employees in the United States. This form, which is issued by the U.S. Immigration and Citizenship Services (USCIS), verifies an individual’s identity and employment eligibility.

Employers can enhance their verification process by optionally incorporating the E-Verify system, an online tool that further ensures the accuracy of employment eligibility verification. Now, there is a new e-verify program, and it will make a huge next gen impact. While the process may seem straightforward, mistakes on the I-9 form can have serious consequences.

In this blog, we’ll explore the potential repercussions of errors on the I-9 form and guide how to address and rectify them.

Understanding the I-9 Form:

As part of the I-9 form, officially known as the Employment Eligibility Verification Form, employees must provide documents proving their identity and eligibility to work in the United States. It is the employer’s responsibility to ensure that the information provided by employees is accurate and that the appropriate documents are provided. Among the most common errors on the I-9 form are incomplete or incorrect information, missing signatures, and the failure to attach required supporting documents.

Consequences of I-9 Form Errors:

When employers or employees file the I-9 form, they face some common issues, and if they make any mistakes, they may even face consequences. Here are some possible consequences:

Penalties for Employers:

• Deficiencies in I-9 compliance can be punished by fines from the U.S. government, and employers may be fined for each infraction.
• Penalties for the i-9 form vary in severity and frequency, with penalties ranging up to thousands of dollars per violation.
• A company’s ignorance of the law is not a valid defense, so I-9 compliance must be taken seriously by employers.

Employee Consequences:

• If employees fail to accurately fill out their I-9 forms, they may have difficulty obtaining work authorization.
• In the event that employees are unable to provide valid and corrected documentation within a reasonable amount of time, employers may be required to terminate them.

Audit Risk:

• To ensure compliance with I-9 regulations, government agencies conduct random audits of employers.
• Additional penalties may be imposed and scrutiny may be intensified if errors are discovered during an audit.

Steps to Rectify I-9 Form Errors:

Here are some steps that you can follow to rectify the i-9 form:

Conduct a Self-Audit:

• To identify errors or omissions, employers and employees need to regularly review their I-9 forms.
• Correcting mistakes proactively can help mitigate potential consequences.

Use USCIS Resources:

• The USCIS provides detailed instructions for completing the I-9 form, including a comprehensive handbook.
• It is advisable for employers and employees to consult these resources for accurate information.

Complete a New I-9 Form:

• In the event that errors are identified, it is often best to complete a new I-9 form with the correct information.
• Both the original and corrected forms should be retained along with a note explaining why the correction was made.

Seek Legal Advice:

• Whenever there are significant errors or uncertainties, it may be advisable to seek legal advice.
• An immigration attorney or industry experts can assist in navigating complex situations and provide guidance on the best course of action. You can check out several webinars on our website that can help you rectify the errors and guide you through them.

Conclusion:

Mistakes on the I-9 form can have serious consequences for both employers and employees. Understanding the potential repercussions and taking proactive steps to rectify errors is crucial for maintaining compliance with U.S. immigration laws. By staying informed and following proper procedures, individuals and employers can minimize the impact of I-9 form mistakes and ensure a smooth employment process.