In a March update to the I9 inspection fact sheet, ICE reclassified form errors that have been treated as technical or procedural violations to substantive violations. This means they are no longer treated as correctable administrative errors, but subject to penalties if an I9 inspection is conducted.
Administrative errors reclassified include:
- – Missing date of birth.
- – Missing date of hire.
- – Incorrect use of Spanish-language I-9 outside of Puerto Rico.
- – Preparer and/or translator errors, including failing to ensure that the preparer and/or translator’s complete name, address, signature, and date are provided on the Form I-9 at the time of completion in Supplement A.
- – Missing title of the employer or authorized representative.
- – Failure to date sections 1 or 2
- – Failure to enter rehire date.
This change makes it even more important to ensure I9 documents are completed timely and properly. Many of our clients have these completed via electronic onboarding, but there can still be issues if the new hire wasn’t setup to complete this within 3 days or hire and/or the documents were not reviewed properly.
