07 Jun Clarification Regarding Use of Incorrect Form I-9
From our good friends at TALX…
With the current version of the Form I-9 set to expire August 31st of this year, it is worth noting that USCIS’s I-9 Central website recently issued clarification regarding the question of whether a new I-9 should be completed if an employer completes the wrong version of the form. ICE has always taken the position that such an error is a technical violation and the employer may correct the form with a notation that the wrong form was used, and providing a date and initials in the notation. I-9 Central had previously stated that employers must complete a new form, in essence taking a position in direct opposition to ICE policy. I-9 Central and ICE have recently reconciled their guidance on this issue, so that the “official” stance is now in agreement. Employers need not complete a new Form I-9 for this technical violation — acknowledgment of the error with a note at the top of the form will suffice.