I-9 compliance involves navigating a delicate process and execution of a deceptively simple looking one-page form.  In my previous posts, we touched upon Technical and Substantive Violations which raise the question: what can you do as an employer if you see these types of problems in your records?  Correcting errors is possible, however, as I noted earlier, there are very specific rules about how to go about rectifying those mistakes.  While I can’t educate you on everything in a ‘quick bite’, and I recommend you seek the guidance of qualified counsel before doing anything to your forms, I can provide you with some high-level tips:  First, remember to continue to maintain that delicate balance between properly completing the I-9 and overburdening employees.  You don’t want to be in the position of unwittingly unlawfully asking for too much documentation or adversely impacting a particular group of individuals.  Second, never obliterate any information in the Form I-9; “X” or line out information that should be “deleted”.  Third, you can only add information to the record without the participation of the employee if that information is already contained in the record.  For example, if the expiration date of a DL is missing, you can only add that information IF there is a copy of the DL attached to the Form I-9.  Fourth, Section 1 may only be corrected by the employee and Section 2 may only be corrected by the employer.  This means if corrections are needed in Section 1, you will need to involve the employee.  Fifth, all changes must be initialed and dated (current date) by the person who made them.  Finally, if you have received a Notice of Inspection from the government, do not make any changes to your forms and obtain experienced immigration counsel immediately.  Follow my upcoming series of posts about immigration compliance in short, quick bite, easy to follow portions, but feel free to contact me for a free, confidential, no obligation sample audit of your company’s records. 

If you require assistance with your Form I-9 compliance, including a private internal audit, training and/or defense of a government investigation, please contact Alka Bahal at abahal@ogcsolutions.com.

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Alka Bahal, Esq. is a Partner and the Chair of the Corporate Immigration Services Practice at OGC Solutions® providing bespoke corporate immigration services to clients of all sizes across the U.S. and worldwide, complimented perfectly by the Firm’s Outside General Counsel Solutions™ services, which is designed to provide an affordable alternative to hiring a full-time legal department by delivering affordable, high-quality services when and as needed, to enable clients to work toward their business goals.  OGC Solutions® is built for finding legal solutions to business issues which minimize risk and maximize value.