Top 7 Mistakes You’re Making on Your Form I-9s (and How to Avoid Them)

Form I-9

The Form I-9 is one of the most deceptively simple documents in HR, and one of the most expensive to get wrong. Even small errors can lead to costly fines and compliance headaches. Here are the top seven mistakes employers make (and how to avoid them):

1. Missing or Late Completion

Section 1 must be completed by the employee no later than their first day of work, and Section 2 by the employer within three business days. Missing these deadlines or not completing the I-9 at all puts you out of compliance.

2. Not Providing the Instructions to Employees at Time of Completion

Employers must ensure that all pages of the instructions and the list of acceptable documents are available, either in print or electronically, to all employees filling out the Form I-9.

3. Auto-populating Section One for the Employee in a Software Program or Completing Section One on the Employee’s Behalf

Employers cannot use information from a job application in an Applicant Tracking System (ATS) to pre-populate the Form I-9.  Employers may also not complete a Form I-9 on an employee’s behalf unless acting as a preparer for the employee. Read more about electronic rules here.

4. Accepting Incorrect or Expired Documents

Only original, unexpired documents from the official USCIS Lists A, B, or C are acceptable. A photocopy, Social Security card marked “Not Valid for Employment,” or an expired passport won’t cut it. Read the lists carefully and consult the Handbook for Employers for additional information on acceptable documents.

5. Incomplete Fields

Every field matters. Common errors include missing a signature, date, or the correct document issuing authority. Although the requirement to place 'n/a' in empty boxes was removed in 2023, it is still considered a best practice to ensure proper completion. Double-check both sections for accuracy.

6. Incorrect Document Information for E-Verify Users

When accepting a list B document, it must include photo identification when the company is a user of the E-Verify system.

7. Storing I-9s Incorrectly

It is considered a best practice to store I-9s separately from personnel files, either in a dedicated I-9 binder or electronic system. If you complete or store them electronically, ensure your process complies with regulatory requirements. The forms must also be retained for the required time frame: three years after the hire date or one year after termination, whichever is later.

Pro Tip:  Visit the U.S. Citizenship and Immigration Services Website to read the instructions for proper form completion.  You can also find the Handbook for Employers on this site.

Conduct an internal I-9 audit annually and a mini-audit at least quarterly to ensure you have all current employees' forms on file. Catching mistakes early can save you thousands in potential fines if you’re ever audited by ICE.

Disclaimer: The information provided in this blog is for informational and educational purposes only and should not be construed as legal advice. Laws and regulations vary by jurisdiction and specific circumstances. Employers and individuals should consult with their attorney or qualified legal professional to determine the appropriate course of action for their particular situation.

Roberta Edwards is a Senior HR Consultant with over 20 years of professional experience. Follow Edwards HR Consulting on LinkedIn and Facebook and read more about Roberta here.