What to do with Incomplete I-9 Forms

What should you do if you’ve just learned that many of your current employees have incomplete I-9 forms?

We recommend you inform the affected employees that this information is missing, ask them to bring documents to establish their identity and work authorization the next time they come to work, and complete the Form I-9 with them. The U.S. Citizenship and Immigration Services (USCIS) requires that an I-9 is completed as soon as possible when it is determined one isn’t on file.

A few things to keep in mind:

• We recommend providing the Lists of Acceptable Documents included with the I-9 instructions to employees in preparation for completion of the I-9. Please note, however, that an employer may not specify which document(s) an employee may provide for completion of the form.
• If an employee fails to bring documentation within the required time frame, you may terminate employment based on an inability to meet the employment verification requirements. You may choose to rehire them later if they present the proper document(s) (and complete a new I-9), but you are not required to hold their position.
• Don’t backdate the form. The employee must enter the date they complete the I-9 on their signature line in Section 1, and you must enter the date you reviewed the required documents on your signature line in Section 2. The form must, however, have the employee’s original start date.
• We also recommend including a memo with the I-9 in your files explaining why it wasn’t completed within three days following the employee’s hire date. We recommend stating that as a result of conducting an internal audit, you determined that the I-9 was missing and completed one immediately, which is why the date of completion is not within the required three days from the date employment began.

Keep in mind that the IRS has dramatically increased its Form I-9 audits over the past year, so employers should take a moment to ensure that their Form I-9 compliance practices meet federal requirements. Businesses that fail to comply with these requirements are subject to penalties of up to $2,236 per violation.

GTM’s secure, online payroll and HR management solution keeps clients compliant with wage and labor laws, including I-9 information. Request a free demo to learn more.