(HR) The 9 Most Common Form I-9 Mistakes

The 9 Most Common Form I-9 Mistakes:

• The employee fails to sign and date the attestation.
• The employer fails to have the employee complete Section 1 by the first day of employment (that is, the first day for pay).
• The employee doesn’t check the box indicating status (e.g., U.S citizen, lawful permanent resident), or the employee checks multiple boxes.
• The translator or preparer doesn’t complete the preparer box.
• The employer fails to enter acceptable documents on the form, including the document number and title, issuing agency, and expiration date.
• The employer demands certain documents (e.g., social security card).
• The employer does not complete Section 2 by the third day of employment.
• The employer fails to enter the date of hire. This date should match the date on payroll records, Tsai says.
• The employer representative does not sign, date, and print his or her name on the certification.

What if the Employee’s Documentation Doesn’t Look Right?:

The standard is reasonableness, says Tsai, that is, does the document reasonably appear to be genuine and relate to the employee? You are not expected to be a document expert. (Just as an example, says Tsai, there are 22 different versions of the Social Security Card that are valid.)

If the document does not appear to be genuine, says Tsai, reject the document and ask for another document on the list.

What if the documents presented do not exactly match what the employee writes on the Form I-9 ( For example, the name is spelled differently.)? Ask the employee about the discrepancy. If the document appears genuine, ask the employee to correct the Form I-9 and initial the change or provide a corrected document.

Forms in Spanish:

The Form I-9 is available in Spanish, says Tsai, but you can’t use the Spanish version except in Puerto Rico. However, you may use the Spanish version as a translation aid when filling out the English version.

Caveat: You may engage an outside firm to do your Form I-9 work, says Tsai, but remember that that doesn’t shift the responsibility for Form I-9 management—that remains with the employer.

I-9 forms and immigration—just one of the many challenges all HR pros face. In HR, if it’s not one thing, it’s another. Like FMLA intermittent leave, overtime hassles, ADA accommodation, and then on top of that, whatever the agencies and courts throw in your way.

Source: HR Daily Adviser