Addressing Missing Section 2 of Form I-9 During an Internal Audit

Conducting an internal I-9 audit is a crucial step in ensuring compliance with employment eligibility verification requirements. One of the questions I recently received from a client, Eryn, highlights a common challenge:

“We are doing an internal audit and found Section 2 of the I-9 form is not filled out. The person who originally did onboarding and should have filled out the I-9 is no longer here. What should we do?”

This article provides a step-by-step guide to address such issues and ensure your organization remains compliant.

Steps to Address Missing Section 2 on the I-9 Form

1. Complete Section 2 Immediately

Assign a current authorized representative within your organization to complete Section 2 of the I-9 form. The new representative must physically inspect the employee’s original, unexpired documents used to verify their employment eligibility. If the original documents are no longer available, you may need to request new acceptable documents from the employee.

2. Do Not Back-Date Section 2

It is essential to avoid back-dating Section 2. Instead, use the date on which the new representative completes the section. Transparency is critical to demonstrate your organizationā€™s good-faith effort to correct the oversight.

3. Include a Statement of Explanation

Attach a memo to the I-9 form explaining the situation. This memo should document:

  • Why Section 2 was incomplete.
  • The fact that the original onboarding representative is no longer with the company.
  • The corrective actions taken to resolve the issue.

This proactive documentation demonstrates your organizationā€™s commitment to compliance and provides context for any future audits or inspections.

4. Follow Audit Best Practices

  • Consistency is Key: If other I-9 forms are incomplete or missing information, take similar steps to correct them.
  • Establish a Review Process: Ensure that all current and future I-9 forms are completed accurately and promptly to avoid similar issues.

5. Provide Additional Training

Investing in I-9 training for your HR team or other responsible staff is an excellent way to ensure ongoing compliance. Comprehensive training helps prevent errors and keeps your team updated on the latest Form I-9 requirements.

Recommended Training Opportunity

To support compliance efforts, consider enrolling your HR team in our 4-Hour Form I-9 Certificate Program scheduled for March 12. This training is designed to help HR professionals master the intricacies of I-9 completion, audits, and compliance.

Click here to register for the program.

Addressing incomplete or incorrect I-9 forms before an external audit is critical to avoiding penalties. Consistent internal reviews, corrective actions, and staff training ensure your organization remains compliant and reduces risk.

Elga Lejarza

Founder & CEO

HRTrainingClasses.com