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Dinsmore | Immigration
 
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Dinsmore immigration attorneys leverage more than 60 years of cumulative experience to craft strategies and solutions to meet unique immigration needs. We anticipate the areas where the U.S. government may challenge a case, reverse engineer the case to lower the risk of denial, and increase the odds of approval. 

We use leading web-based technology for case management, so your immigration coordinator, managers, and employees can access appropriate case information on a 24/7 basis.

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Form I-9 Substantive Verification Failure Checklist

A person or entity that has committed one or more I-9 substantive violations below does not have a 10-day notification-and-correction period and is subject to a Notice of Intent to Fine:

  • Failure to timely prepare or present the I-9;
  • Failure to ensure that the individual provides his or her printed name in Section 1 of the Form I-9;
  • Failure to ensure the individual checks a box in Section 1 of the Form I-9 attesting to whether he is a citizen or national of the United States, a lawful permanent resident (LPR), or an alien authorized to work until a specified date, or checking multiple boxes;
  • Failure to ensure an LPR or alien authorized to work provides his or her "A" Number in Section 1 of the Form I-9, but only if the "A" Number is not provided in Sections 2 or 3 of the Form I-9 (or on a legible copy of a document retained with the Form I-9 and presented at the I-9 inspection);
  • Failure to ensure the individual signs the attestation in Section 1;
  • Failure to complete Section 2 within 3 business days of hire;
  • Failure to review and verify a proper List A document or proper List B or List C documents in Section 2 or Section 3;
  • Failure to provide the document title, identification number(s) and/or expiration date(s) of a proper List A or proper List B and List C documents in Section 2 or 3, unless a legible copy of the document(s) is retained with the Form I-9 and presented at the I-9 inspection;
  • Failure to provide the date employment begins in Section 2 of the I-9;
  • Failure to sign the attestation in Section 2 of the Form I-9;
  • Failure on the part of the employer of authorized representative to print his/her name in the attestation portion of Section 2;
  • Failure to date Section 2 of the Form I-9;
  • Failure to date Section 2 within three business days of the date the individual begins employment or, if the individual is employed for three business days or less, at the time employment begins.
  • Failure to recertify and complete within 90 days the pertinent Section 2 information for verification with a receipt for lost or stolen documents.
  • Failure to sign Section 3 of the Form I-9;
  • Failure to date Section 3 of the Form I-9; and
  • Failure to date Section 3 of the Form I-9 not later than the date of the expiration of the work authorization.
 

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