Most Common I-9 Errors

Most Common I-9 Errors to Avoid

• A duplicate I-9 is created unnecessarily: To prevent duplicate I-9s, a search in HireRight must be conducted prior to initiating a new I-9. If an I-9 is found under the employee’s name, it must be opened and inspected to determine if the employee is the same person, and if the I-9 is valid to use for the position you are hiring them for.

• Incorrect start date: The start date on the I-9 must match what is shown in HRS.
  • If a start date changes after the I-9 has been initiated, the date must be changed on the I-9 and in HRS.
  • Per USCIS guidelines, an I-9 is not required for an individual not physically working in the United States. If the employee returns to the United States while employed, Section 2 of the I-9 must be completed within 3 business days of the employee’s arrival to the United States for active employment. The start date in Section 2 should reflect the date the employee arrived for active employment in the United States, and a note should be added to the I-9 advising that the employee was previously working outside of the United States. In this situation, the start date will not match what is in HRS.

• Section 1 and 2 not completed in a timely manner: Per USCIS guidelines, Section 1 of the I-9 must be completed by the employee no later than the end of the first day of work for pay. Section 2 must be completed by an authorized representative no later than the end of the 3^rd business day of employment after the employee’s first day of work for pay.
  • All documents must be unexpired/original and must be physically verified.

• List A supporting documents omitted: Per USCIS guidelines, if an employee presents a List A document that requires supporting documentation (a foreign passport), a Form I-94 or Form I-94 w/ Arrival-Departure Record, and endorsement to work is required. The expiration date from the I-20 or DS-2019 (whichever is presented) must be added to the I-94 on the I-9.

• A Supplement B rehire is performed on an invalid I-9: Per USCIS guidelines, a rehire cannot be completed on an I-9 if the original completion date of the I-9 is more than 3 years older than the new hire date for the employee. A new I-9 must be initiated in this situation.

• Supplement B rehire is missed: Per USCIS guidelines, when an employee has a break in service (they do not work for UW Madison for more than 1 day), a Supplement B rehire must be completed to verify their identity.

• Termination dates missed: If you end an employee’s appointment and they do not have any other active positions requiring an I-9, you must add the termination date to the I-9. If you rehire an employee using a valid I-9, you must check to see if a termination date was added and remove it.

• No note is added after a correction is done: Per USCIS guidelines, a note must be added to the I-9 when any correction is completed to explain why the correction was made. There are two ways to add a note to an I-9 in HireRight:
  • When performing the correction, if you are prompted with an “Additional Information” box, add the note to this field.
  • After performing the correction, navigate to viewing the I-9, click the tab titled “Annotations/Notes”, and select “Create New” and add the note.