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Self Audits Q&As

Q.  Does the employer need to fill out a new Form I-9 if the employee signs not in the signature box but right above the signature box?

      A.  No. As long as it is clear that the signature relates to the attestation (“I attest, under penalty of perjury …”), there is no need to complete a new Form I-9 or correct the placement of the signature

Q.  If an employer finds a mistake on previously completed Forms I-9, how should the employer correct the mistake?

      A.  The employer may draw a line through inaccurate information, write the correct information on Form I-9, initial and date of the correction. The employer should also make a note in the file that a self-audit was completed on that date.

Q.  What should an employer do if an invalid version of Form I-9 was completed for an employee at the time of hire?

      A.  If the wrong version of the Form I-9 was completed when the employee was hired, an employer should try to rectify 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 could try to rectify the error by:

1.  Stapling the outdated, but complete I-9, to the current version and

  • Sign the current Form I-9 version;
  • Include an explanation of why the current version is attached; and
  • Sign and date the explanation

 2.  Drafting an explanation of the situation and

  • Attach the explanation to the completed outdated Form I-9; and
  • Sign and date the explanation
Last Reviewed/Updated: 03/12/2014