When correcting errors on Form I-9, only the employee can correct Section 1; the employer can correct Sections 2 and 3. If the employer discovers an error in Section 1, then the employer should ask the employee to make the corrections. The best way to correct the form is to cross-out any inaccurate information. After entering the correct information, initial and date the correction.
If the employer needs to correct multiple errors, then the employer may redo the section on a new Form I-9 and attach it to the old form. A new Form I-9 can be completed if major errors, such as entire sections being left blank, need to be corrected. A note should be included in the file detailing the reason the employer made changes to an existing Form I-9, or completed a new Form I-9. It is not in the employer’s best interest to conceal any changes made on the form–doing so may lead to increased liability under federal immigration law.
Make the method of correction uniform for all Form I-9 corrections. If the employer uses abbreviations, keep an index of abbreviations for use by the auditor.
See you in my next blog.
Nalini S Mahadevan, JD, MBA
Lowenbaum Partnership, LLC
St. Louis, Missouri
Copyright 2012. All rights reserved.
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