9.0 Correcting Errors or Missing Information on Form I-9 (2024)

Employers must ensure that all parts of the Form I-9 are properly competed and may be subject to penalties under federal law if the form is not completed correctly.

If you discover an error or missing information in Section 1 of an employee’s Form I-9, you should ask the employee to correct the error or add the missing information. Only employees, or their preparer and/or translator, may correct errors or omissions made in Section 1.

Have the employee:

  • Draw a line through the incorrect information;
  • Enter the correct or missing information; and
  • Initial and date the correction.

You should attach a written explanation of why information was missing or needed correcting. If the employee’s employment has ended, a signed and dated statement identifying the error or omission attach to the existing form and explain why corrections could not be made, for example, the employee no longer works for you.

If the employee is remotely located, you should develop the appropriate business process to allow them to correct or enter missing information.

Corrections by a Preparer and/or Translator Who Helped with Section 1

Upon discovering an error or missing information, the preparer and/or translator should:

  • Draw a line through the incorrect information;
  • Enter the correct or missing information; and
  • Initial and date the correction;

Or

See Also
I-9 Central

  • Draw a line through the incorrect information;
  • Have the employee provide the correct or missing information; and
  • Have the employee initial and date the correction.

If the preparer and/or translator is the same person who completed a Preparer and/or Translator Certification block in Supplement A, Preparer and/or Translator Certification for Section 1 when the employee initially completed Form I-9, they should not complete a second certification block. If the preparer and/or translator did not previously complete a certification block, they should:

  • Complete a certification block in Supplement A; or
  • If a certification block was previously completed by a different preparer and/or translator:
    • Enter the new preparer and/or translator information (and indicate “for corrections”) in the next certification block on the Supplement.

Correcting Section 2 and Supplement B, Reverification and Rehire

Only the employer (or their authorized representative) may make corrections in Section 2 or Supplement B, Reverification and Rehires. If you discover an error or missing information, you should:

  • Draw a line through incorrect information;
  • Enter the correct or missing information; and
  • Initial and date the correction or missing information.

You should attach a written explanation of why information was missing or needed correcting. If you failed to enter the date you completed Section 2 and/or Supplement B, Reverification and Rehires, you should not back date the form. Instead, enter the current date and initial by the date field.

To correct multiple errors in one section, you may redo the section on a new Form I-9 and attach it to the old form. You can also complete a new Form I-9 if it contains substantial errors (such as entire sections that were left blank or you completed Section 2 based on unacceptable documents). You should attach a written explanation to the employee’s Form I-9 describing why you made changes to an existing Form I-9 or why you created a new Form I-9.

If you make any changes on the form, do NOT conceal them by, for example, erasing text or using correction fluid. Doing so may lead to increased liability under federal immigration law. If you made these types of changes, we recommend you attach a signed and dated written explanation for the changes to the Form I-9.

If you use an electronic Form I-9, your audit trail should reflect all corrections and additions made to Sections 1 and 2, and Supplements A and B.

Last Reviewed/Updated: 07/18/2023

9.0 Correcting Errors or Missing Information on Form I-9 (2024)

FAQs

How do you correct errors or missing information on Form I-9? ›

According to the U.S. Citizenship and Immigration Service (USCIS), the best way to correct the Form I-9 is to line through the portions of the form that contain incorrect information, enter the correct information and initial and date your correction. The use of correction fluid (White Out) is not recommended.

What happens if I make a mistake on my I-9? ›

If you should make a mistake on Form I-9, the appropriate way to correct the form is to line through the portions of the form that contain incorrect information, then enter the correct information. Initial and date your correction. White-out is not permissible.

How do you handle missing I-9 forms? ›

Once identified, a missing I-9 form should be completed by the employer and the affected employee immediately along with the current date. This won't correct the error, but it does demonstrate a good-faith effort to comply with the law, which may be considered if penalties are assessed.

What happens if you fail an I-9 audit? ›

Noncompliance Leads to Penalties

The I-9 violations may result in civil and criminal penalties. Civil fines for I-9 paperwork violations range from $281 to $2,789 per violation and the fine increases with each repeated violation.

Can I-9 be corrected? ›

To correct the form:

To correct multiple recording errors on the form, you may redo the section on a new Form I-9 and attach it to the old form. A new Form I-9 can also be completed if major errors (such as entire sections were left blank or Section 2 was completed based on unacceptable documents) need to be corrected.

Can you use whiteout on an I-9? ›

(1) Create new, correct I-9 Forms for each affected employee and attach to old I-9 Forms OR • (2) Make conspicuous corrections on the originally non-compliant I-9 Form. – Make correction(s) by crossing out with a line, then date and initial. Do not use white out.

What is the penalty for lying on I-9? ›

You may be fined and/or imprisoned for up to five years if you: Make a false statement or attestation to satisfy the employment eligibility verification requirements; Use fraudulent identification or employment authorization documents; or. Use documents that were lawfully issued to another person.

What happens if you don't complete I-9 in 3 days? ›

You may terminate an employee who fails to present acceptable documentation (or an acceptable receipt for a document) within three business days after the date employment begins. If you fail to properly complete Form I-9, you risk violating section 274A of the INA and may be subject to civil money penalties.

Do employers need to update I-9 forms? ›

You must complete a new Form I-9 when a hire takes place, unless you are rehiring an employee within three years of the date the employee's previous Form I-9 was completed.

What may happen if the I-9 form is not filled out or not filled out accurately? ›

Failure to comply with I-9 regulations as set forth above can lead to significant monetary penalties for the employer, including fines for each missing or incorrectly completed Form I-9 (in other words, a civil fine ranging from $272 to $2,701 for each missing I-9 for each employee for bad or missing paperwork, or ...

What is the 3 day rule for I-9? ›

Within three business days after your first day of employment, you, the employee, must present to your employer original, acceptable, and unexpired documentation that establishes your identity and employment authorization.

What happens if auditors find mistakes? ›

In most cases, auditors chalk up changes to tax errors. In the case of an error, you have to pay the additional taxes, and as long as you pay them by the due date, you shouldn't have to worry about any civil penalties.

What are substantive errors on I-9? ›

Substantive errors are those that cannot be corrected because, as a result of the error or omission, the verification of the new hire's employment eligibility failed at the time the form was completed. An employer may receive a monetary fine for all substantive errors.

How likely is an I-9 audit? ›

While your company may trigger an I-9 audit from an individual complaint, it is far less likely if you have airtight onboarding, hiring, and internal I-9 procedures in place.

How should you correct a documentation error? ›

In Brief
  1. Don't obliterate the mistaken entry. ...
  2. Make the correction in a way that preserves the original entry. ...
  3. Identify the reason for the correction. ...
  4. Follow facility policy when adding late information. ...
  5. Never alter words or numbers after you've written them. ...
  6. Correct mistakes promptly.

How do I correct a mistake on my USCIS application? ›

Email USCIS-updategenderinfo@uscis.dhs.gov and request to change your name or gender or both. If you are seeking to make a correction due to a typographical error, please visit the “How to Request a correction to your notice or document (based on USCIS error)” section on this page.

How do I change entry to correct error in recording check? ›

Accountants must make correcting entries when they find errors. There are two ways to make correcting entries: reverse the incorrect entry and then use a second journal entry to record the transaction correctly, or make a single journal entry that, when combined with the original but incorrect entry, fixes the error.

What are the areas most missed in an I-9 document? ›

The most common mistakes Lashus sees are timing errors. "The most frequent mistake isn't related to writing information down improperly—although that happens all the time—but is related to the timing of the Form I-9. Section 1 must be completed before close of business (COB) the first day of employ.

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