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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.

  1. 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.
  2. 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  • Staple the outdated, but complete I-9, to the current version;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Attach the explanation to the completed outdated Form I-9

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