Notice! You may be using a Form I-9 with a major problem

Mike Staebell, Iowa Employment & Labor Law, Iowa Wage & Hour Watch, Dickinson Law Firm, Des Moines Iowa

Posted on 04/27/2017 at 12:20 PM by Mike Staebell

Last November, I blogged on the availability of a new and improved Form I-9 that became mandatory for anyone hired on or after January 22, 2017.

On April 17 2017, USCIS announced that the initial version of the ‘smart’ I-9, issued on 11/14/16, contains a glitch that scrambles the employee’s Social Security number when the electronic form is printed. For example, electronically entering 123-45-6789 in the SSN field would appear as 123-34-6789 on the printed form. Employers will recall that USCIS requires that employers print out hardcopies of the form even if they complete the electronic version. USCIS says the glitch was corrected effective 11/18/16, but employers who downloaded the new I-9 prior to 11/18 and have continued to use the flawed form are required to correct the problem.

USCIS is advising employers to:

  • Check printed I-9’s to ensure that employees’ Social Security numbers are correct.
  • If the Social Security number on the Form I-9 is incorrect, have the employee draw a line through the SSN in Section 1, enter the correct number, and initial and date the change. 
  • For documentation in the event of an I-9 audit, include a written explanation with the form about why the correction was made , citing to the USCIS announcement dated April 6, 2017.
  • Download and start using the glitch-free Form I-9, available here.

If you have questions about how to handle this, contact us at the Dickinson Law Firm.

The material in this blog is not intended, nor should it be construed or relied upon, as legal advice. Please consult with an attorney if specific legal information is needed.

- Mike Staebell


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