Form I-9 Technical Verification Failure Checklist
For I-9 technical violations, an employer is provided with at least 10 business days to correct the violations listed below after notification of such violations. If the employer corrects the violations within the designated time period, the employer normally is deemed to have complied with the requirements and no violation exists.
If the technical violations cannot be reasonably corrected, the employer should provide to U.S. Immigration and Customs Enforcement (ICE) an explanation in writing of why the violation reasonably cannot be corrected. If ICE determines the explanation is reasonable, the technical violation will not be consideration a violation subject to a Notice of Intent to Fine.
- Use of the Spanish version of the I-9, except in Puerto Rico;
- Failure to ensure an individual provides her maiden name, address, or birth date in Section 1;
- Failure to ensure a Lawful Permanent Resident or alien authorized to work provides his alien number ("A" Number) in Section 1 of the I-9, but only if the "A" Number is 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 dates Section 1 at the time employment begins;
- Failure to ensure a preparer and/or translator provide his or her name, address, signature, or date;
- Failure to provide the document title, identification number(s) and/or expiration date(s) of a proper List A document or proper List B and List C documents in Section 2 or 3, but only if 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 title, business name and address in Section 2;
- Failure to state "Individual underage 18" in Column B, for employees under the age of 18 using only a List C document; and
- Failure to provide the date of rehire in Section 3.