Original Date: July 9, 2018

I have written multiple articles related to I-9 forms, audits and other areas to consider.  During HR audits and in my research, I see a number of mistakes related to these forms, which can cost significant amounts of money for any organization.  Common mistakes include; allowing untrained staff to administer I-9s, no internal audits (until I audit), untrained staff engage in the audit, not overseeing the new employees filling out the forms (things get missed), accepting unacceptable documents or fake documents, not recording the documents correctly on the form and making corrections without initializing and dating them.  Correction letters should also be included with certain corrections.  All T’s should be crossed, and I’s should be dotted, prior to finishing the orientation, re-verification or paperwork process.  As the form has changed, so too has the length and required sections.

The 10 things to remember for I-9 completion:

  1. “Don’t pressure an employee to provide a specific document—the employee may provide any document the list allows. Employees need to provide either one item from List A or one item each from List B and List C.
  2. Don’t forget that employees must complete every applicable field in Section 1 of the I-9 form except the fields requesting a telephone number, e-mail address and Social Security number.
  3. Don’t forget to ensure that employees provide their date of birth and address.
  4. When completing Section 2, don’t ask employees to provide a document with their alien or “A” number, or otherwise specify which documents employees may present.
  5. Don’t forget to write “individual under age 18” if the employee is a minor and provides only a List C document.
  6. Don’t forget to ensure that employees check one status box (citizen, permanent resident or work-authorized alien).
  7. When you change an I-9, don’t forget to line out the old text, make an annotation, and sign and date it. Use the margins to annotate the form and attach an additional sheet if more room is needed.
  8. Don’t forget to print your name next to your signature.”[i]
  9. Remind the employee to check the box regarding preparer and/or translator, along with the name column at the top of the second page.  These are easily missed during the process and common mistakes I have seen during audits.
  10. Employer’s need to complete the information on the bottom of page two; hire date, signature of authorized representative, address, date, etc.  This is a common area I review not completed, not dated and not signed.  You can download a PDF version that allows the address and other information to be typed into the form, this should save time and provide accurate information
  11. Bonus thing:  Reminder, authorized representatives should be filling out the form and signing off.  Human resources, directors, managers, business owners, etc.  Refer to the link below for additional information on defining authorized representatives.

“Create a policy clearly stating the types of people who may act as an agent for your organization. “The employer can list the best possible choices based on prior experience and include any additional instructions or guidance which might be helpful,” Fay said. He recommends clients consider HR professionals at nearby organizations, local librarians, attorneys or accountants, state workforce agency staff, or notaries. A nationwide listing of notaries can be found here. “It’s best to choose an individual who is already familiar with the Form I-9 process in order to ensure a smooth and quick verification process,” Fay said. It’s also important to know which states may prohibit notaries from completing the Form I-9, or have different requirements, he added. “California, for example, has indicated that the completion of an I-9 form requires you to be bonded as an immigration consultant.”[ii]

Form I-9 Information

There are pages of instructions included with the I-9 form and a guidebook for employers.  The form has evolved significantly since 1986 and continues to evolve, as we see with recent changes to the form and expiration dates on the form.  We could be required to implement and use E-verify in the future, if immigration policy changes.  Ensure that you are using the right form(s) and accepting the right identification(s).

Auditing records is necessary to ensure accuracy and legality.  If you are unclear on how to audit or what to look for, seek guidance.  This is an area that can easily be managed for any organization, if we are proactive in our processes and correct errors.

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– Matthew Burr, HR Consultant

[i] https://www.shrm.org/resourcesandtools/legal-and-compliance/state-and-local-updates/pages/8-things-not-to-forget-when-filling-out-i-9-forms.aspx

[ii] https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/how-to-comply-i9-requirements-remote-workers.aspx

 

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Published by Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered CIPD

Mathew W. Burr, MJ-LEL, MBA, MHRIR, GPHR, SHRM-SCP, SPHR, CPHR-INT, Chartered MCIPD Lean Six Sigma Black Belt ABOUT: Matthew Burr has over 18-years of experience working in the human resources field, starting his career as an Industrial Relations Intern at Kennedy Valve Manufacturing to most recently founding and managing a human resource consulting company; Burr Consulting, LLC, Talentscape, LLC and Co-Owner of Labor Love, a Labor, and Employment Law poster printing company. Prior to founding the consulting firm, the majority of his career was heavy industry manufacturing and healthcare. He specializes in compliance auditing, training labor and employment law, conflict resolution, performance management, labor, and employment relations. Matthew has a generalist background in HR and operations, while providing strategic HR and operational solutions to his clients, focusing on small and medium sized organizations. He works as an Adjunct at Alfred State University, Tompkins Cortland Community College, and Montgomery Community College. He successfully designed an HR Concentration in the business management major that aligned with both SHRM and HRCI certifications, providing opportunities for students to sit for both the SHRM-CP and aPHR certifications upon completion of the degree, concentration, and internship hours as an Assistant Professor of Management at Elmira College (Retired January 2022). Matthew is also the SHRM Certification Exam Instructor, with a current pass rate of 92% on the SHRM-SCP and 83% pass rate on the SHRM-CP and a combined 88% on both exams over a 7-year period of instructing the course (Elmira College, Collin College & The College of St. Rose). Matthew works as a trainer at Tompkins Cortland Community College, Corning Community College, Broome Community College, and HR Instructor for Certification Preparation for the Human Resource Certification Institute (HRCI). He also acts as an On-Call Mediator and Factfinder through the Public Employment Relations Board in New York State, working with public sector employers and labor unions. PUBLICATIONS: Matthew has over 70+ publications including, American Bar Association (ABA) Experience Magazine, Cornell HR Review, Business Insider, New York State Bar Association (NYSBA), PayScale, Society of Human Resource Management (SHRM), and Expert 360 (in Australia). In early 2017, he published his first book, “$74,000 in 24 Months: How I killed my student loans (and you can too!),” proceeded by his second book, which was published in January 2021, “Slay the Student Loan Dragon: Tips and Tricks on How to Conquer the Student Loan Game” and his most recent book, “Unbox Your HR Career” in July 2023. VOLUNTEER WORK: Matthew is currently the New York State Society of Human Resource Management (NYSSHRM) District-Director. EDUCATION & TRAINING: Additional Training & Development:  SHRM Workplace Coaching and Mentoring Recertification Program, 2020  SHRM Foundation Employing Abilities @Work Certificate, 2020  SHRM Foundation Veterans at Work Certificate Program, 2018  Delta County Chamber of Commerce: Delta Force Leadership Program, 2013 FEATURED IN & ON: Matthew was featured on CNN Money, Fast Company, Fits Small Business, Fox News, Magnify Money, Monster.com, My Twin Tiers, Namely, Student Loan Hero, Smart Sheet and CEO Blog Nation, Human Resource Certification Institute (HRCI), Society of Human Resource Management (SHRM). Burr Consulting, LLC Capabilities Statement General Information: Burr Consulting, LLC Owner: Matthew W. Burr Mission Statement: “Strategically Aligning HR as a Partner for the Success of Your Business” Contact Information: Burr Consulting, LLC What's New in HR Blog Talentscape, LLC Labor Love, LLC (Labor Posters) The HR Support Center The Upstate HR Podcast (607)227-4386 Matthew@Burrconsultingllc.com Facebook: Burr Consulting, LLC LinkedIn: Burr Consulting, LLC Twitter: @Burrconsulting Online Certification Verification: Credibly Dun & Bradstreet (D&B) Number: 080776443 NAICS Codes: 541612, 923130, 54161, 541611, 541613, 611430, 541618, 561312, 561311 SIC: 8742, 8748, 9441, 8748001, 8748026 Our Services HR MANAGEMENT New Hire Orientation; Temporary HR Support; Recruiting and Application Tracking; HR Compliance (ADA, FMLA); Employee Handbook; Policy and Procedure; HRIS; HR Audits; Job Profile Design and Revision; HR Key Performance Indicators; EEO Reporting and Classification; State Unemployment Insurance Services TRAINING & TRAINING DEVELOPMENT Organizational Development; Employee Relations; Workplace Violence; Harassment & Sexual Harassment; Union Awareness; Managerial EMPLOYEE & LABOR RELATIONS Employee Relations Training; Conflict Resolution; Mentoring; Workplace Investigations; Labor Contract Costing; Mediation & Arbitration Prep; Fact-Finding; Workplace Investigations; Coaching & Counseling; Performance Reviews; Contingency Plan Development; Contingency Plan Training; State of New York Public Employment Relations Board (PERB)PERB Mediation and Fact-Finding Panels (Albany, NY covering the Elmira, NY Area) HIRING & RECRUITMENT Applicant Tracking Systems; Metric Development; Interview Training; Workforce Planning; Recruitment; Interviews; Job Offers; New Hire Process POLICY & COMPENSATION Group Plans – Healthcare, Dental, Vision, Group Life, Short- and Long-Term Disability; Retirement – 401(k), Profit Sharing, Roth; Workers Compensation; Total Compensation Design and Strategy; Deferred Compensation Plans; Salary Surveys; Reward Systems; Online Payroll; Customized Payroll Processing; Employee Self Service; Customized Reporting HR COMPLIANCE MATERIALS Burr Consulting, LLC is excited to announce a new partnership with Labor Love LLC, expanding our services to include HR printed materials compliant with industry standards.

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