What to do about lost or missing I-9 docs.
The Department of Homeland Security recently revamped the I-9 form employers are required to fill out for every new worker they hire. At the same time, it revoked pandemic-era flexibility that previously allowed employers to remotely review identity and work-eligibility documents when hiring teleworkers and replaced it with a far more limited process.
But now that employers must complete an in-person review of previous remotely submitted documents showing a new hire is legally authorized to work, some employers have run into problems with missing, lost or outdated employee documents.
Here's how to fix common I-9 document problems:
Missing Form I-9. This is a serious I-9 error. Start with determining why the document is missing. DHS will likely be far more lenient if an I-9 was lost due to fire, flood or other disasters than if it's missing because an employer simply never completed it. Your best bet is to complete a new I-9 form. Do not backdate it, however. Instead, include a note explaining why the form was completed when it was.
Missing supporting documents. Another common problem is a completed I-9 form without supporting documents. Technically, you aren't required to keep copies of the documents employees produce; you just have to attest that you reviewed originals. However, almost all employers keep them as proof that they were properly reviewed.
If you do keep...
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