Top I-9 Mistakes and How to Fix Them

Self-auditing I-9s has become a high priority for 2025, as the U.S. Immigration and Customs Enforcement (ICE) is increasing the number of I-9 audits conducted. A self-audit of Form I-9s is an internal review of I-9s to identify and correct errors or compliance issues. If you have not yet conducted a self-audit, or if it has been several years since you have done so, it’s highly recommended that you do that now. Identifying and correcting mistakes prior to an ICE audit can help you avoid penalties, which can be based on the number of violations found during the audit.

During your self-audit, a number of different errors may be found, creating the question, “I know what the mistake is, but how do I fix it?” And as with so many things HR-related, the answer is “It depends.” Read on to learn how to correct the most common mistakes made while completing Form I-9s.

The Employee Originally Completed an Expired Form

I-9 forms are periodically updated, and you are required to have new employees complete the most recent form. Each I-9 version has an expiration date, and an employee must not complete a version that is past its expiration date. For example, if an I-9 form expired in April 2020, and an employee completed that version in January 2023, it’s a problem. So how do you fix it?

If the documents the employee presented to determine their identity and work authorization were acceptable under I-9 requirements at the time they completed the expired form, then you may attach a blank current version of the I-9 to the completed version and sign the blank, current version. In this case, the employee does not need to present new documents. Make sure to document an explanation of why the blank version is attached.

Alternatively, instead of attaching a blank version, you may attach an explanation to the original, completed version. The explanation should state that the wrong form was completed correctly and in good faith.

However, there are times when I-9 forms may be completed after their expiration date. When a new version of the form is approved, there is generally a transition period where employers may use either the new version or the previous version of the form. For example, when a new form was approved in 2019, the USCIS announced that employers could use the new form beginning January 31, 2020. However, the previous form, which had been approved in 2017, could continue to be used until April 30, 2020, to allow employers to adjust to the change. Although it may be hard to tell which I-9 should be used in these cases, the USCIS will provide guidance on the use of different versions.

Unacceptable Documents Were Accepted

There are specific documents an employer may accept that prove an employee’s identity and work authorization, which can be found here. If an employee presents a document that is not on the list, the employer cannot accept that document. However, during an audit, you may find that one of the documents recorded in Section 2 of the I-9 shouldn’t have been accepted. This most commonly occurs with Social Security Cards. While Social Security Cards are on the list of acceptable documents, there are certain cards that cannot be accepted. The Social Security Cards with one of the following wordings are not acceptable documents:

• NOT VALID FOR EMPLOYMENT
• VALID FOR WORK ONLY WITH INS AUTHORIZATION
• VALID FOR WORK ONLY WITH DHS AUTHORIZATION

What do you do if you discover that an unacceptable document was accepted? In this case, you must ask the employee to present an acceptable document from the List of Acceptable Documents. For example, if an employee originally presented a Social Security Card that was not valid for employment, the employee must present another document from List C of Acceptable Documents. Once the employee presents the document, you may cross out the original text of the unacceptable document in Section 2 of the I-9. Write in the information of the new List C document, and initial and date the correction with the present date. Make sure to attach an explanation of the reason for the correction to the I-9.

When there are major errors in Section 2 of the I-9, you may instead choose to redo Section 2 on a blank version of a new I-9 and attach it to the original I-9. Do not backdate the signature date when you complete the new version. Additionally, attach an explanation stating why another version of the I-9 is attached to the originally completed version.

An Employee’s Work Authorization Expires

You may discover that an employee’s temporary work authorization has expired and has not been reverified. Employees authorized to work in the U.S. for a specific period must enter their work authorization's end date in Section 1 of Form I-9. Reverification of their work authorization must occur before that end date, or even earlier if the supporting documents they presented expire first.

For example, let’s say that, according to Section 1 of the I-9, an employee’s work authorization ended on June 26, 2025, but they had presented an Employment Authorization Document that expired on July 10, 2025. The employee’s work authorization would have needed to be reverified prior to June 26, 2025, or the employee would be ineligible to work.

However, if the employee’s Employment Authorization Document expired on June 26, 2025, then the work authorization would have needed to be reverified prior to June 26, 2025, even if Section 1 states that the employee’s work authorization ended on July 10, 2025.

Make sure that you do not ignore an expired work authorization. There is a large difference between making an error in good faith and knowingly continuing to employ individuals unauthorized to work in the United States. Errors made in good faith, meaning that mistakes were made while attempting to comply with all I-9 paperwork requirements, may mitigate penalties. However, knowingly continuing to employ unauthorized individuals may result in fines and potentially six months in prison.

An I-9 Either Was Not Completed or is Missing

While conducting a self-audit, you may find that I-9s are missing. If this is the case, first check the hire date of the employee who does not have an I-9 on file. Employees hired in the U.S. after November 6, 1986, are required to complete a Form I-9. If the employee was hired prior to that date, they do not need to complete an I-9.

However, if an I-9 is missing for an employee hired after November 6, 1986, then a new I-9 should immediately be completed. The employee must complete Section 1 of the I-9 and present documentation to verify their employment authorization. The employer must inspect the documents and complete Section 2 of the I-9. Signature dates should not be backdated. Additionally, you should attach a written explanation of why the I-9 was completed after the employee’s initial hire date.

Verifying Work Authorization Documents for Remote Employees (Non-E-Verify Employers)

Since COVID-19, more employers are verifying employee I-9 documents electronically. During the height of COVID, employers were permitted to verify documents over virtual meetings, such as Zoom or Microsoft Teams. However, this is no longer the case.

Now, the authorized representative completing Section 2 must be able to examine the physical documents. This means that the authorized representative must be able to touch, pick up, and examine the documents to verify that they are authentic. When an employee is remote or is unable to come into the office where an individual can present their documents in person, another authorized representative in the employee’s area can examine their documents and complete Section 2 of the I-9. An authorized representative does not have to be an employee and could even be a friend or even a family member. However, be aware that if a friend or family member completes the I-9, there can be significant risk to your organization. If the authorized representative makes errors or intentionally verifies invalid documents, the employer is liable for being non-compliant. Generally, authorized representatives should have training in completing I-9s. One option may be for employers to have a third-party that offers I-9 verification services act as an authorized representative.

Once the authorized representative is selected and the I-9 is completed, the employee can securely upload the document or mail the I-9 to the employer.

For more information on Form I-9s, please visit our FAQs and Cascade HR Library. You can also contact us at compliance@cascadeemployers.com with any questions.