Reference Notes | Correction Methods | Technical vs Substantial | All
Correction Methods
CM1
(Employee Correction) – The employee should line through the incorrect information; enter the correct information; initial and date the correction. Only employees are permitted to correct or update the information in Section 1; however, the employer is not required to be present when the employee completes or updates Section 1.
CM2
(Employee Correction) – The employee should enter the missing information and initial and date the correction. A signed and dated statement should be attached to the Form I-9 explaining what information has been added. Only employees are permitted to correct or update the information in Section 1; however, the employer is not required to be present when the employee completes or updates Section 1.
CM3
(Employer / Authorized Representative Correction) – The incorrect information should be lined through and the correct information entered. Corrections should be initialed and dated.
CM4
(Employer / Authorized Representative Correction) – The missing information should be entered; initial and date the correction. A signed and dated statement should be added and attached to the back of the original Form I-9 explaining what information has been added.
CM5
(Employer / Authorized Representative Correction) – To correct multiple recording errors, the section may be re-done on a new Form I-9 and attached to the old Form I-9. A new Form I-9 can also be completed if major errors need to be corrected, such as entire sections being left blank, or Section 2 being completed based on unacceptable documents. A signed and dated statement should be attached to the original Form I-9 explaining the reason why changes were made to an existing Form I-9 or why a new Form I-9 was completed.
CM6
(Employer / Authorized Representative Correction) – Correcting this error/omission will require that a face-to-face meeting with the employee take place to view acceptable identification documents.
CM7
(Employer / Authorized Representative Correction) – This is an uncorrectable error/omission. A signed and dated statement should be attached to the original Form I-9 explaining why the error or omission occurred.
CM8
(Employee Correction) – The employee should complete a new Section 1. The employee is required to use true dates. Backdating is NOT allowed on Form I-9. The new page should be attached to the existing Form I-9 in addition to a signed and dated statement explaining why a new section was completed.
CM9
(Employee Correction) – When correcting or adding dates, the employee must use true dates. Backdating is NOT allowed on Form I-9.
CM10
(Employer / Authorized Representative Correction) – When dating the form, the true date must be used. Backdating is NOT allowed on Form I-9. A signed and dated statement should be attached to the form to explain the date.
CM11
(Employer / Authorized Representative Correction) – As long as the identification documents presented when the form was completed were acceptable under the Form I-9 rules in effect at that time, employers may correct the error by attaching a signed but otherwise blank current version to the incorrect form. The employer should add a note explaining why the correct version is attached (e.g., wrong edition or incorrect language was used at time of hire). In the alternative, employers may draft an explanation and attach it to the incorrect Form I-9 explaining that the wrong form was filled out correctly and in good faith.
CM12
(Employer / Authorized Representative Correction) – The employer must provide the employee with an opportunity to address the concern. The employee may choose to present a different document from the Lists of Acceptable Documents. The employee may also give the employer the originally presented document to resolve the concern, and the employer is not prohibited from viewing and accepting the original document. If the employer concludes, after reviewing the original document, that it does not appear to be genuine or to reasonably relate to the individual, the employer must provide the employee with an opportunity to choose a different document from the Lists of Acceptable Documents. If the employee is no longer employed, you should attach a statement explaining why you believe the document may be altered or fraudulent, and why the issue could not be corrected.
CM13
(Employee Correction) – The employee should line through the incorrect information and initial and date the correction. Only employees are permitted to correct or update the information in Section 1; however, the employer is not required to be present when the employee completes or updates Section 1.
CM14
(Employer / Authorized Representative Correction) – The incorrect information should be lined through; initial and date the correction.
CM15
(Employer / Authorized Representative Correction) – If the employee or preparer/translator is no longer available, a written statement should be attached to the existing Form I-9 explaining the error and why it cannot be corrected.
CM16
(Employer / Authorized Representative Correction) – Correcting this document-related error or omission does not require a face-to-face meeting if the employer has already viewed the document in the presence of the employee. To resolve this error, the employer may ask the employee to provide the missing information or a copy of the document.
About Correcting Form I-9, Generally
Incorrect Information on the Form — The person correcting the error must line through the incorrect information; write the correct information in or as near as possible to the field; initial and (true) date the correction.
Missing Information — The person correcting the error should write the missing information into the correct field; initial and (true) date the correction.
Responsibility — Only the employee may correct Section 1 errors and omissions. The employer or authorized representative must correct errors in Sections 2 or 3.
Concealing Information — Information on the form must not be concealed. Corrections must be line-throughs, not erasures or scratch-outs. Correction fluid (Wite-Out) or tape are not permitted.
Dates — All dates entered on the form (signature dates, correction dates, etc.) must be true dates. The form must not be backdated.
Statements — An employer may add a statement to the form (on the back or as an attachment) when an explanation of incorrect information or a correction is needed. The statement must be signed and dated by the person adding it. Adding an explanatory statement will help to establish “good faith” in the event of an ICE inspection. If ICE decides that the explanation is reasonable, no violation will be deemed to have taken place and no sanctions will follow.
While many situations may justify an explanatory statement, the employer should always add a statement when an error or omission cannot be corrected. For example:
- in the case of Section 1 failures, the employee is no longer employed by the employer, or is on a medical leave, leave of absence, or vacation during the ten-day correction period allowed after the failure is discovered in an ICE inspection;
- the preparer and/or translator of the form cannot reasonably be located;
- the failure in question relates to timeliness. The employer may explain, for example, why Section 1 was not completed by the end of the first day of employment.
Reference Notes | Correction Methods | Technical vs Substantial | All