What Are Common I-9 Mistakes by HR?

What Are Common I-9 Mistakes by HR?

Compliance with Form I-9 regulations is essential for employers of all sizes. These guidelines for employment authorization are strict: missing even a single detail on a federal form can ultimately cost a business thousands of dollars in penalties. At Hussain, Bendersky & Liston LLC, our Chicago immigration lawyers regularly help corporations and HR departments proactively prepare for and navigate these federal requirements. With over 35 years of combined experience in immigration law, we know that avoiding fines and other problems starts with identifying and preventing common errors.

Frequent I-9 mistakes by HR professionals often look like:

• Failing to complete the forms within the required timeframe.
• Accepting invalid, expired, or incomplete identity documentation.
• Missing reverification deadlines for temporary work authorization.
• Not maintaining proper document storage systems.

These may seem like small issues, but they can quickly become more significant (and expensive) than many employers realize. Taking these matters seriously benefits companies both now and in the long run.

What Happens if HR Does Not Finish I-9s on Time?

Employees must complete Section 1 of the I-9 document by their first day of employment. HR representatives must then complete Section 2 within three business days of the hire date. If HR does not finish I-9s on time, the company directly violates federal law. These timing violations can trigger significant civil money penalties for every occurrence.

What Are the Most Common Documentation Errors on Form I-9?

Employers frequently fail to verify that identification documents belong to the correct acceptable lists. These issues can include:

• Accepting a restricted Social Security card for List C requirements.
• Allowing an employee to present an expired foreign passport.
• Failing to verify that the documentation reasonably appears genuine.

In addition, some employers may err in requesting specific documents from an employee to prove their identity and work authorization, which can constitute unlawful discrimination.

Why Do Employers Miss I-9 Reverification Deadlines?

Employers must reverify expiring employment authorization no later than the date the current authorization expires. This involves filling out and filing Supplement B to reverify the employee, ensuring the worker presents a new unexpired document that shows current employment authorization. HR teams often miss I-9 reverification deadlines primarily due to human error which leads to lapsed tracking. Automated systems that track authorization expiration dates can help employers stay on top of this requirement.

How Does Poor I-9 Record-Keeping Cause Audit Problems?

Federal regulations require companies to keep a completed Form I-9 for three years after the date of hire or one year after the date employment ends, whichever is later. Poor I-9 record-keeping can quickly cause problems if an audit is requested, as insufficient documentation is a direct violation of federal statutes. 

How Can HR Teams Reduce I-9 Mistakes Before an Audit?

HR teams can reduce I-9 mistakes by implementing structured internal reviews. Best practices include:

• Conducting annual internal audits of all active and terminated employee files.
• Creating consistent procedures for securely storing physical and electronic copies of I-9 forms for all employees.
• Training onboarding staff on the latest USCIS regulations where appropriate.
• Partnering with experienced legal counsel to review corporate compliance strategies.

Maintain Compliance With Regular Reviews and Strong Systems

An accurate employment verification system requires constant vigilance. By looking out for common documentation errors and strictly adhering to federal deadlines, organizations can improve their HR processes and reduce future administrative burdens.

At Hussain, Bendersky & Liston LLC, our personalized approach ensures we understand each client’s unique business and HR needs. We provide tailored legal solutions to address your specific needs. Contact us today to learn how we can assist you in navigating legal processes pertaining to employment and immigration law.