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The INS differentiates between two types of errors when completing the I-9 Form. Errors can be technical or substantive. The difference is how the error is treated. If the error is technical, then the INS will grant a 10 day period in order for corrections to be made. However, if the error is substantive, there is no grace period

Examples of technical errors
  • The employer fails to date the I-9 form
  • The employee doesn’t enter in his/her maiden name, date of birth, or address
  • For rehires, the employer fails to enter in the date of rehire HR staff fails to enter in his/her title

Examples of substantive errors

  • The employee doesn’t sign in section 1.
  • HR staff fails to review a list A document or a combination of List B and List C documents.
  • The employer fails to date section 2 in a timely manner: within 3 days of the date of hire or (for employment of 3 days or less) on the date of hire.
  • The employee fails to check one of the three boxes indicating whether he is a U.S. citizen, lawful permanent resident, or alien with temporary work authorization.

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