Angelo Paparelli and Nicole Kersey Quoted in SHRM Online
“Avoid Common Mistakes When Correcting I-9s”

Angelo Paparelli and Nicole (Nici) Kersey were quoted in the May 27, 2010 SHRM Online article, “Avoid Common Mistakes When Correcting I-9s.” The article discussed the importance of making accurate corrections to I-9 forms.

According to the article, HR professionals face many challenges when they discover errors on I-9 forms that they need to correct. Some I-9 errors are technical and can be corrected, but others are substantive and could require new I-9s in addition to the original I-9s. Nici noted that one of the most important things in correcting an I-9 is to clearly identify a correction. Nici also pointed out that HR professionals often put information in the wrong column, so she recommended that double arrows should be used to indicate moving them to the correct columns and sign and date the correction.

Angelo commented that if initial deadlines have passed for providing answers to different sections of I-9s, employers won’t be able to avoid fines for the violations. Further, correcting mistakes to already filed 1-9s might help employers avoid more serious consequences, such as being viewed as having constructive knowledge of an unlawful hire. Angelo also noted that another common error is over documentation when correcting I-9s, which can lead to a conclusion that the employer engaged in document abuse. Nici added that some HR professionals are not well trained to correct I-9s, and they make additional mistakes. Even though it looks deceptively simple, the I-9 is not a simple form.

Angelo pointed out that consultation with an attorney on changes can shield some of the communications over the corrections with the attorney-client privilege, but the lawyers are never to make the corrections themselves.