Article

Top 5 I-9 Document Mistakes Employers Make (and How to Fix Them)

Form I-9
Document Verification
1
minutes to read
HR professional reviewing I-9 compliance documents on laptop with coffee mug, ensuring proper verification of acceptable employment authorization records.

Every HR team knows the Form I-9 is required for every new hire—but fewer realize how easy it is to make costly mistakes. In fact, ICE reports that the majority of I-9 penalties stem from clerical errors with acceptable documents, not from knowingly hiring unauthorized workers.

In 2025, paperwork fines can reach $288 to $2,861 per violation, meaning even small errors quickly add up during an audit. Here are the five most common mistakes employers make with I-9 documents—and how to avoid them.

1). Accepting Expired Documents

One of the most frequent errors is accepting an expired passport, ID, or work authorization document. USCIS requires that all I-9 documents must be unexpired at the time of hire.

How to fix it:

  • Train managers to carefully check expiration dates.
  • Use digital I-9 tools that flag expired documents.

Related: What Documents Are Acceptable for I-9 Compliance

2). Over-Documenting Employees

Some employers ask for more documents than required—for example, requesting both a passport (List A) and a Social Security card (List C). This not only risks discrimination claims but is also a violation of I-9 rules.

How to fix it:

  • Require one List A document, or one List B + one List C.
  • Never specify which documents employees must provide.

Learn more: I-9 Form Fundamentals

3). Failing to Reverify Work Authorization

Temporary work permits and visas expire, which means employers must complete Section 3 reverification. Too often, HR teams miss these deadlines, resulting in “knowingly continuing to employ” fines.

How to fix it:

  • Track expiration dates with automated reminders.
  • Understand which documents require reverification (e.g., EADs)—and which do not (e.g., U.S. passports, green cards).

Guide: Reverification: A Critical Step in Compliance

4). Not Catching Obvious Document Errors

Some errors are easy to spot—like missing signatures or mismatched names—but busy hiring managers often overlook them. During an audit, these count as substantive violations.

How to fix it:

  • Conduct periodic self-audits to catch and correct errors.
  • Use the USCIS Handbook for Employers (M-274) as your reference.

Related: How to Self-Audit Your I-9s

5). Inconsistent Copying Practices

Copying employee documents is optional under federal law (unless using remote verification or E-Verify). But copying some employees’ IDs and not others can be seen as discriminatory.

How to fix it:

  • If you copy documents, apply the policy uniformly across all hires.
  • Store copies securely, with access limited to authorized staff.

Protecting Your Business From Costly Document Mistakes

Most I-9 fines don’t come from fraud—they come from preventable document errors. By training managers, using digital compliance tools, and conducting regular audits, HR teams can stay ahead of ICE enforcement.

Want to see your exposure? Use our I-9 Risk Calculator or book a free I-9 compliance strategy call with our team.