The “Notice of Inspection” (NOI) signaling an audit of your organization’s Forms I-9 can cause management to break into a cold sweat. Even small errors may become cause for concern — but they don’t have to be.
What should you do if you spot an error on an employee’s Form I-9 during a routine audit? Here are ways to correct common errors and stay in compliance:
1. Gather the correct information.
Start by gathering the correct information before making the change. Never simply cross out incorrect information, then fail or forget to write in the corrections.
2. Identify the right person to make the changes.
On Section 1, employees should be asked to make the corrections themselves. On Sections 2 and 3, only the employer or an authorized representative may make changes. Use the same procedure, described below, to make the changes.
3. Cross out the incorrect information.
Draw a line through the incorrect information so that the information is still readable, but clearly “struck out.” Never use correction fluid or an eraser to obliterate incorrect information or write over it.
4. Write in the correct information.
Above the incorrect information or in the margin, write in the correct information. Some managers prefer to take this step in ink of a different color than that used to fill out the form originally.
5. Initial and date the correction.
The person making the correction should place their initials beside the corrected information, along with the date the correction was made.
6. Make a note.
A brief note in the margins explaining why the correction was made can be useful when attempting to explain corrections during an ICE audit. A note as simple as “per self-audit” can suffice.
If major errors were made, a new Form I-9 may be filled out with the correct information. Staple the old form to the new one, and include a note explaining what changes were made and why. Initial and date the new form.
What If We Filled Out the Wrong I-9 Form?
Occasionally, a manager may use an outdated Form I-9 in good faith, not realizing the form had been updated. Fix an outdated form just as you would fix a form with major errors: Fill out the new form, staple the old form to the new one, and include a note explaining that the old form was used in good faith. Initial and date the forms.
Note: This article is not intended as legal advice and should not be construed as such. If you have a specific legal question, contact an attorney who is licensed to practice law in your area.
This article provided by Employment Solutions – www.employmentsolutions.com
To hear how partnering with a staffing agency can alleviate some of your I-9 concerns, please give us call at (877) 880-4473.