I-9 Alert: USCIS Reveals Social Security Number Glitch in Early Days of New Form's Release
- Employers who downloaded the current Form I-9 and completed it electronically between November 14 and November 17, 2016 should check completed Forms I-9 for Social Security number glitch.
- Employers should be using Form I-9 with edition date 11/14/2016 as of January 22, 2017.
- The new administration is ramping up compliance efforts. Clark Hill offers I-9 reviews and training on completing and correcting Forms I-9.
On April 17, 2017, United States Citizenship and Immigration Services (USCIS) notified the public that the version of Form I-9, Employment Eligibility Verification (Edition Date 11/14/2016), posted on its website from November 14 to November 17, 2016 contained a glitch. Specifically, when employees completed Section 1 on a computer and then printed the form, the Social Security number field would reorder the employee's Social Security number. For example, the Social Security number 123-45-6789 would appear as 123-34-6789 on the printed form.
The current Form I-9 (Edition Date 11/14/2016) first became available on November 14, 2016 and became mandatory for all new hires on January 22, 2017. Employers who downloaded the current Form I-9 from the USCIS website and completed the I-9 electronically between November 14 and November 17, 2016 should delete this version of the Form I-9 and obtain the corrected version at the following website: https://www.uscis.gov/i-9.
Additionally, employers who have been using the downloaded version of Form I-9 containing the glitch should review all Forms I-9 that used that version. If errors in an employee's Social Security number are identified, the employee should strike through the Social Security number field, write the correct Social Security number above or beside the field, and initial and date the change – all using a different color pen. Employers should also attach a brief memorandum to the Form I-9 explaining the reason for the change.
In a period of greatly enhanced immigration enforcement efforts, I-9 audits by the Department of Homeland Security are expected to increase. These audits often serve as a gateway to further compliance investigations and can carry significant civil and criminal penalties for employers. Clark Hill provides a variety of services in the field of I-9 compliance, including proactive reviews of I-9 processes and procedures, training for Human Resources employees on completing, correcting, and retaining Forms I-9, and assistance in the event of receiving a Notice of Inspection from Immigration and Customs Enforcement.
Is your company ready for a Form I-9 audit by Immigration and Customs Enforcement? More information regarding our fixed fee assistance with an internal I-9 audit can be found on the Clark Hill website: http://www.clarkhill.com/contents/form-i-9-compliance-internal-audits.
If you have any questions, please contact Karen M. Kett at (313) 965-3457 | KKett@clarkhill.com, Julie A. George at (202) 772-0922 | JGeorge@ClarkHill.com, or another member of Clark Hill's Immigration practice group.