Form I-9 completion is a standard — and critical — part of the onboarding process in the U.S., but HR professionals may encounter administrative problems that threaten legal compliance. In a recent SHRM webinar titled “I-9 Land Mines: What You Don’t Know Will Cost You,” SHRM CHRO Jim Link, SHRM-SCP, and Daniel Brown, an attorney at Fragomen’s Washington, D.C., office, discussed common issues surrounding Form I-9 and what HR professionals can do to stay compliant.

What Is Form I-9?

Under the Immigration Reform and Control Act of 1986, all U.S. employers, no matter their size, must complete a Form I-9 for every worker hired after Nov. 6, 1986. This form, and the accompanying examination of identity and work authorization documents, must be completed within three days of the employee’s first day of employment to confirm their eligibility to work in the U.S. Notably, Form I-9 violations have a five-year statute of limitations, so it is in an employer’s best interest to avoid errors.

A Missing or Incomplete Form I-9

But mistakes do happen. What if an HR professional discovers that a current employee is missing a Form I-9? They “need to complete one as soon as possible,” Brown said. In this situation, it is acceptable to give the employee a few days to gather the required documents.

HR could also discover an incomplete Form I-9. If the missing information is related to the employer, they may go ahead and fill it in, Brown said. If the information is related to the employee, the...

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