Employers Should Not Be Using I-9 “Smart” Forms From November 2016

If you downloaded a “Smart Form” Form I-9 from the USCIS website between November 14, 2016, and November 17, 2016, then you should download a new version of the form. You can find an updated form at www.uscis.gov/i-9.

The older form had a glitch that would misinterpret Social Security Numbers input into the “Smart Form.” For example, the number 345-67-8910 entered in the Social Security number field might appear as 345-56-8910.

In addition to using the new form, if employers were using the older form, they should check to see if employees’ Social Security Numbers were incorrectly stored.

If they were incorrectly stored, then employers should have the employee draw a line through the error, enter the correct number, and initial and date the change on the hard copy form.

Finally, employers should include a written explanation for the alteration to the form in case an audit occurs by the USCIS. The written explanation should expressly reference the USCIS’s announcement of the glitch. https://www.uscis.gov/i-9-central/whats-new.

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