Thread: First Do No Harm: How to Correct I-9 Mistakes the Right Way

First Do No Harm: How to Correct I-9 Mistakes the Right Way

by Gary Endelmanon May 25, 2011

[Editor's note: today's blog is courtesy of Gary Endelman of Fong & Associates LLP].

The fates have cursed you and your I-9s have mistakes. Unless you subscribe to the ancient samurai code and willingly accept disembowelment to erase your shame and preserve your family honor, what can you do? Fear not intrepid reader! All is not lost.

First and foremost, call a competent immigration lawyer right away! As discussed by a learned colleague on this blog, self-audits typically make matters worse, so you should always consult with a knowledgeable immigration attorney before embarking on your I-9 correction quest. Now, assuming you’re under the sheltering arms of your attorney, here is the fundamental principle of correcting I-9s: In the words of the ancient Hippocratic oath, first do no harm. This means that any corrections should not make the problem worse. Do not use whiteout, correction tape or black marker and never correct what does not need to be fixed. Resist the temptation, for example, to re-verify a “green cardâ€

My solution is a whole lot simpler:
HIRE AMERICANS

It's really simple, hand the employee the I-9, have the employee fill out the I-9 and sign it, read the instructions on the I-9, use the list of acceptable identification on the I-9, and then file it.

"The employer can refuse to accept a document that does not appear to be genuine. If the prospective new employee cannot provide an acceptable document, he or she should not be allowed to continue to work."

Dixie