I-9 forms appear simple. It's a one page form, half of which the employee fills out. Yet, errors in completing the I-9 form can result in significant civil and criminal penalties being brought both against the company and human resources managers individually (yikes!).  Major problems could result in fines of $600-$800 per form! Krispy Kreme recently negotiated a settlement of $40,000 for violations.

Representing the first major initiative in its comprehensive strategy to reduce illegal employment, U.S. Immigration and Customs Enforcement announced July 1 that it has sent notices to 652 businesses nationwide informing them that they have been targeted for Form I-9 audits. The audits will entail inspection of hiring records to determine whether the businesses are complying with employment eligibility laws. ICE has not released the names of the businesses targeted.

Given ICE's stepped-up enforcement efforts, companies should make sure their I-9 forms are in order and that their hiring processes comply with immigration law.  Here are ways to avoid 5 common errors:  

1. Check to be sure that the required document is recorded on the right space corresponding with List A, List B or List C.  Do not fill in all 3 spaces, only 1 from List A OR 1 from List B and 1 from List C.
2. The law requires that the form be completed within 3 days of hire.  The hire date on the form should be the same as the hire date in your payroll system.  The date the form is signed should be within 3 days of that hire date.
3. If a new hire checks the box for "A lawful permanent resident . . ." or "An alien authorized to work until . . ." they must complete the additional required information.
4. Do not use abbreviations when recording document information.  You must spell out the issuing agency and document titles.
5. Verify that the social security number provided at the top of the form matches the social security number recorded under List C.

Also, U.S. Citizenship and Immigration Services has announced that the current version of the Form I-9, which employers must use to verify the identity and employment eligibility of newly hired employees, will continue to be valid beyond the previously announced expiration date of June 30. Until further notice, employers should continue to use the form with the notation "(Rev. 02/02/09)" in the bottom corner.

Are you in compliance?