As U.S. immigration compliance grows increasingly strict, ensuring accurate completion of the I-9 Form is more important than ever for employers. The I-9 form, required by U.S. Citizenship and Immigration Services (USCIS), verifies an employee’s identity and legal authorization to work in the United States.
Even minor mistakes can result in fines, audits, or legal challenges. Whether you’re a small business owner or part of a large HR team, understanding and avoiding these common I-9 errors is essential to stay compliant in 2025.
Here’s a breakdown of the most frequent I-9 mistakes—and how to prevent them.
1. Failing to Complete the I-9 on Time
One of the most basic yet common mistakes is not completing the I-9 within the required timeframe. Section 1 must be filled out by the employee on or before the first day of employment, and Section 2 must be completed by the employer within three business days of the employee’s start date.
Tip: Create a standard onboarding checklist that includes I-9 completion as a priority task. Use calendar reminders to stay on schedule.
2. Accepting Unacceptable or Expired Documents
Employers must ensure that documents provided for the I-9 are on the official List of Acceptable Documents and are valid (not expired). Accepting incorrect or expired documents is a violation—even if done in good faith.
Tip: Always refer to the most current version of the Lists A, B, and C provided by USCIS. Avoid making document suggestions; let employees choose from the accepted list.
3. Missing or Incorrect Employee Information
Inaccuracies in basic information such as name, date of birth, or immigration status can lead to major issues during an audit. Misspellings or inconsistencies with other official records may also trigger E-Verify mismatches.
Tip: Ask employees to double-check their entries before submission. If corrections are needed, ensure they are made properly with initials and dates—not white-out or erasing.
4. Incomplete Employer Certification (Section 2)
Many employers mistakenly skip portions of Section 2, fail to enter document details correctly, or don’t sign and date the form. Section 2 is your official attestation as an employer, and incomplete entries can result in fines.
Tip: Assign I-9 responsibilities to trained personnel and conduct regular refresher training. Consider using a digital I-9 platform to reduce manual errors.
5. Storing I-9 Forms Incorrectly
I-9 forms must be stored securely and separately from general personnel files. They must also be retained for at least three years from the date of hire or one year after employment ends—whichever is later.
Tip: Implement a document retention policy specifically for I-9s. Set up regular audits to ensure forms are securely stored and that outdated forms are properly disposed of.
6. Failing to Reverify When Required
Some work authorizations expire. In such cases, employers are obligated to reverify eligibility using Section 3 of the I-9 form before the authorization expires. Missing this step can result in employing someone without legal work status.
Tip: Track work authorization expiration dates in a secure system and set automated reminders to reverify in advance.
Stay Compliant with Expert Guidance
In 2025, immigration compliance is more than just paperwork—it’s a critical aspect of business risk management. Government audits have increased in frequency, and penalties can range from thousands to millions of dollars depending on the number and severity of violations.
For growing businesses or HR teams managing high volumes of hires, working with immigration compliance professionals can save time, reduce risk, and ensure peace of mind.
At RN Law Group, we provide tailored I-9 compliance training, policy audits, and digital support to ensure your business stays protected.
