Best Practices for Dealing with Questionable I-9 Documents

Written by Kelly Millies | Jul 16, 2024 2:00:00 PM

Verifying Form I-9 documents provided by employees is a critical aspect of the hiring process for employers in the United States. These documents enable employers to complete Section 2 of Form I-9 as well as establish identity and eligibility to work in the United States. Ensuring the authenticity of employees’ documents can become difficult and lead employers to question: “Is this a real document?” Below are actions you should take if an employee provides you with a document that does not appear to be genuine nor relates to them.

1. An employee provides a document that does not reasonably appear to be genuine, does not relate to them, or is not on the List of Acceptable Documents.

Reject the document and ask the employee to provide another document(s) that satisfies the Form I-9 requirements.

2. An employee writes more than one last name in Section 1 but presents a document from the List of Acceptable Documents that has only one of those last names.

Ask the employee the reason for the difference in names. If the document reasonably appears to be genuine and to relate to the individual, you may accept the document.
In this case, attach a memo to the Form I-9 explaining the discrepancy.

3. An employee provides a document from the List of Acceptable Documents and their name is spelled slightly different than the name they wrote in Section 1.

Ask them to either correct the Form I-9 and initial the change, provide a different document with the correct spelling, or provide you with a corrected document.

4. An employee provides a document in which the name they wrote in Section 1 is completely or substantially different from the name on the document.

Ask the employee the reason for the name change. If the employee states that the name in Section 1 is their legal name and you are satisfied that the document reasonably appears to relate to the employee, you may accept the document.
In this case, attach a memo to the Form I-9 explaining the discrepancy. If the employee voluntarily provides proof of a name change, you may keep a copy of it with the memo.

5. An employee provides a document that does not reasonably appear to be genuine and/or to relate to the individual and they cannot present other documents to satisfy the requirements of Form I-9.

You may terminate employment.

If the employee provides documentation that reasonably appears to be genuine, relates to the employee, and is on the list of acceptable documents, you can accept the document and complete Section 2 of the Form I-9.

While you are not required to be a document expert, understanding the best practices when examining questionable documents and responding appropriately ensures that as an employer, you maintain compliance with the U.S. Citizenship and Immigration Services (USCIS).

If you need help with I-9's or have any questions reach out to our team at info@GoCGO.com.

This blog is for educational and/or informational purposes only and does not constitute tax, financial, or legal advice.

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