If the wrong version of the Form I-9 was completed when the employee was hired, but the Form I-9 documentation presented was acceptable under the Form I-9 rules that were current at the time of hire, an employer should rectify the error. Employers have two options to correct the error.
- The best way would be for the employer and employee to complete the current version of Form I-9 and staple the previously completed Form I-9 to the current version. Include an explanation of what happened and sign and date the explanation.
- If the employer is unable to have the employee and employer complete the current version of Form I-9, the employer should:
- Staple the outdated, but complete I-9, to the current version;
Sign the current Form I-9 version;
Include an explanation of why the current version is attached
Sign and date the explanation; or
- Draft an explanation of the situation
Sign and date the explanation
Attach the explanation to the completed outdated Form I-9