Immigration –
Common Errors and
How To Conduct An
Internal I-9 Audit
 What we’ll cover:
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Correct way to fill out an I-9
Why you should do an internal I-9 audit
Some of the most important steps in conducting an internal I-9 audit
How to correct common I-9 errors
Proposed I-9 changes to new form (current form expired end of month)
FAQ’s
Why audit?
 Fines and penalties can come from paperwork
errors all the way up to willful violations
 Internal audit can reduce fines by showing a
good faith effort and correcting errors
 You must have a Form I-9 on file for
all current employees hired after
November 6, 1986.
 Best practice: Store I-9s separate from personnel files
 A federal audit will likely require a company to
produce all their Forms I-9 within three days of notice
 Employees must attest to the validity of the information
in Section 1 by signing
 Preparer/translator section is to be used only when the
employee cannot complete Section 1
 Employee completes Section
1 attestation
 Employers should not ask to
see any documentation for
the purposes of Section 1
 Employers must review Section 1
 “N/A” should be used in fields for which an
employee does not have information
Reviewing Section 1
 “N/A” should also be used if an
employee chooses not to provide
information in optional fields
 The address in Section 1 may not be
a P.O. box
 “Other names used (if any)” is not for
nicknames
 E-Verify employers must require a
Social Security number in Section 1
(optional for other employers)
Corrections in Section 1
Section 2: Where to begin
 The employer completes Section 2
Employee documentation
 Not all fields will be used in the identity and employment
authorization section
 Check to ensure the documents presented by the employee
are on the form’s Lists of Acceptable Documents
EXAMPLE ISSUE
No document number recorded for a
social security card presented as a List
C document
Wrong combination
of documents
 Possible problems include:
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Under documentation (only a List
C document, for example)
Over documentation (documents
from all three Lists or a document
in addition to a List A document)
 Solution: add or line out the
problematic information and
initial and date the change
Photocopies
 Making photocopies of I-9
documentation can add
another layer to an audit
 Photocopies become part of
the I-9 record
 Making photocopies of I-9 documentation is optional
 Employers that photocopy I-9 documentation must
still complete Section 2 with the employee’s
information
Employer certification
 Section 2, first day of employment
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This is the employee’s first day of work for pay
This date should match your payroll records
 Employer information must be complete
Section 3 Reverification Issues
 Reverifications must be made on current versions of the Form I-9
 Always attach updates made on a new form to the employee’s
original form
 When using a new form to update or correct Section 3, enter the
employee’s name at the top of Section 2
Missing reverification
 When reverification was missed,
perform it immediately
 There is no grace period after an
employee’s temporary work
authorization expires
 If the employee cannot bring in valid
documentation, you cannot continue
to employ him or her
 A tracking system can identify forms
that require reverification
I-9 - RETENTION
Employers must retain Forms I-9 for three years after
the date of hire or one year after the date the
individual’s employment is terminated, whichever is
later. Photocopies or faxed copies of completed Form I9 are not acceptable to meet this retention requirement.
Employers may choose to scan and upload the original,
signed forms to retain them electronically. Once these
Forms I-9 are securely stored in electronic format, the
original paper Forms I-9 may be destroyed.
An employee begins working for you
on January 15, 2013. His last day of
work is April 15, 2014. When can you
purge his Form I-9?
A. January 15, 2014
B. April 15, 2015
C. January 15, 2016
D. April 15, 2017
Poll: Timelines
Offer accepted: Friday, April 10.
First day of work: Monday, April 20.
Which of the following is not an
appropriate date on which to complete
Section 2 of the Form I-9?
A. Wednesday, April 8
B. Friday, April 17
C. Monday, April 20
D. Thursday, April 24
Proposed changes to the Form I-9
 More instructions and more in-form
direction
 Section 2 includes drop-down lists for
documentation title and issuing authority.
Additional changes:
 Space in Section 2 to record
additional details
 Option to record multiple
preparers/translators
 QR code
Q&A