July 22, 2019

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Reminder: Glitch in Form I-9 in November 2016

USCIS is reminding employers that if they are continuing to use a Form I-9 (“Smart Form”) that was downloaded between November 14 (when the form first became available) and November 17, 2016, they should download, save, and start using a new Form I-9, available at uscis.gov/i-9 .

There was a glitch in the software during those days that resulted in Social Security numbers being transposed. For example, the number 123-45-6789 entered in the Social Security number field might appear as 123-34-6789.

The USCIS is advising the following:

  • Employers should check to see if their employees’ Social Security numbers are incorrect;

  • If they are incorrect, employers should have their employees draw a line through the transposed number in Section 1, enter the correct number, and initial and date the change; and

  • Include a written explanation with the Form I-9 about why the correction was made in the event of an audit, citing to the USCIS announcement dated April 6, 2017, at: https://www.uscis.gov/i-9-central/whats-new .

Jackson Lewis P.C. © 2019


About this Author

Michael H. Neifach, Jackson Lewis, Employment visa Lawyer, border security matters attorney

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw...

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