Legal Compliance and Risk Management: I-9 Forms
I-9 form errors are one of the most common issues I have seen in my HR career. Let me ask you a few questions.
· Did you know that I-9 technical errors can cost your company $281-$2,789 per violation?
· Does your team know how to properly fill out an I-9?
· Are you using the correct I-9?
· Are you or your team telling employees what to document to bring for I-9 verification?
· Are you completing I-9 verification in a timely manner?
A company did not realize there was a check box to state if the employee had used an interpreter or not on the current I-9 form that they were utilizing. An independent audit revealed that 85% of their I-9 forms were missing a mark in that check box. That one mistake could have cost thousands of dollars for the company had they not caught the mistake and took appropriate action.
One item I hear consistently is employers telling new hires what I-9 document to bring. You CANNOT do that; this is considered document abuse and can be considered discriminatory. Go grab the most recent I-9 (expires 05/31/2027) and read the top of the page, second section ANTI-DISCRIMINATION NOTICE…. I will wait 😊 If you have never noticed that do not worry, I know large companies that are telling their new hires they will only accept a driver’s license and a social security card as verification. BTW: I intentionally use my passport or military ID as my I-9 document to see how many people refuse it, you would be surprised at how many people refused a passport as a verification document and required a social security card.
Everyone believes that an I-9 audit will never happen to them. However, they do happen and with stricter immigration laws, it is reasonable to believe we will see more audits occurring.
If you know your team is struggling with this or they just need a refresher on I-9 compliance, or you just want an independent audit and/or class for security contact me for a development class for your team or a compliance audit.
