I-9 Compliance
Section 2 Errors
NEW
- Section 2 must be completed by an authorized representative no later than the end of the 3rd business day of employment after the employee’s first day of work for pay.
- If this deadline is missed, the start date must be adjusted on the I-9 and in HRS or the employee must be terminated until the I-9 can be completed in a timely manner.
- I-9 User does not select the correct supporting documents when completing Section 2.
- I-9 User does not include the expiration dates for supporting documents for Section 2.
- If these dates are not entered, no notifications for reverification will be sent by HireRight.
- 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.
- 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.
- When a Section 2 correction is performed, a note must be added to the I-9 to explain why the correction was made.
Common Errors: Navigate by Section
OLD–Section 2 Errors–> confirm before removing
Late Section 2
Incorrect Start Date
- Employees Outside the US:
Section 2 start date must reflect the date the employee reported for active employment within the United States. A note should also be added to the I-9 to advise that the employee has been working outside the United States
Supporting documents
missing expiration date
incorrect supporting documentation
Correction without Note Added
- The incorrect start date is added for the employee on the I-9
- For employees working outside of the United States, the following applies:
- Section 2 start date must reflect the date the employee reported for active employment within the United States. A note should also be added to the I-9 to advise that the employee has been working outside the United States
- Not entering the expiration dates for supporting documents for Section 2 (if the expiration dates are not entered, we don’t get notifications when an employee’s documentation must be re-verified). To go along with this, when an I-9 user selects the incorrect supporting documentation.
- When the I-9 user makes a correction on the I-9 and does not provide a note (a note must be added as to why the I-9 was corrected)