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:
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Failure to timely prepare or present the I-9;
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Failure to ensure that the individual provides his or her printed name in Section 1 of the Form I-9;
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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;
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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);
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Failure to ensure the individual signs the attestation in Section 1;
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Failure to complete Section 2 within 3 business days of hire;
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Failure to review and verify a proper List A document or proper List B or List C documents in Section 2 or Section 3;
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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;
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Failure to provide the date employment begins in Section 2 of the I-9;
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Failure to sign the attestation in Section 2 of the Form I-9;
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Failure on the part of the employer of authorized representative to print his/her name in the attestation portion of Section 2;
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Failure to date Section 2 of the Form I-9;
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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.
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Failure to recertify and complete within 90 days the pertinent Section 2 information for verification with a receipt for lost or stolen documents.
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Failure to sign Section 3 of the Form I-9;
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Failure to date Section 3 of the Form I-9; and
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Failure to date Section 3 of the Form I-9 not later than the date of the expiration of the work authorization.