Sometimes, the best way to learn something isn't how to do it the right way but how to do it the wrong way (and why)! Here is a list of things we've seen growers do on their I-9s before they started working with us, or horror stories we've heard from others. We're committed to helping agricultural employers get into compliance.
1. Making up a Social Security Number if an H-2A worker doesn't have one yet
This field is optional anyway! Don't make one up for them as a placeholder like 000-00-0000, just leave it blank.
2. Back dating signatures
Yeah, that three-day window between an employee's first day and Section 2 is nice, but it's also a trap we've seen HR managers forget about and fall into. Backdating your signatures isn't the way out! And with an electronic signature system like Harvust, it will keep an accurate record, so backdating won't do you any good.
3. Filling out the document in pencil or erasable pen
This seems like it shouldn't need explaining, yet here we are. E-signatures can solve this.
4. Putting in your company's phone number as the employee's if they don't have one.
This is also an optional field! Don't give the government more than what's required; they'll hang you on it!
5. Signing the document for the employee
This is one I heard from someone else in the ag industry! Yes the I-9 is a compliance hoop you have to jump through, but this is still a legal document and has an attestation
I am aware that federal law provides for imprisonment and/or fines for false statements, or the use of false documents, in connection with the completion of this form. I attest, under penalty of perjury, that this information, including my selection of the box attesting to my citizenship or immigration status, is true and correct.
So don't forge your employee's signatures!
6. "Stretching" document expiration dates to fit the season
This one is so tempting, as if you just misread the document or made a typo on the form. But if it's a pattern, you'll be found out. It's also important to understand the different dates of the documents, like the I-94.
7. Not filling it out for H-2A workers because they are "on a visa"
The H-2A visa does not automatically fulfill your obligations to verify an employee's employment eligibility! Those visa's expire. Furthermore, you have to treat your H-2A employees the same as domestics to avoid discrimination. We've written a full guide on filling out the I-9 for H-2A workers, including a sample complete form to download.
8. Using a different name on their I-9 than on their other documents
Sometimes, you mix up first and second names or first and second last names, so it's always good to double-check. But you can't choose to use the name that is more convenient for you (we've seen this)! You have to use the name the employee presents on their employment verification ID documents.
9. Making up ID document numbers
We've seen this with counterfeit documents, and older documents where the number has "rubbed off." Don't guess; you can ask the employee for a document with legible information.
10. Having a different member of the staff pretend to be you and sign on your behalf
We've had some smaller farm owners want to "protect" their office staff, so the owner tells everyone to sign the I-9 with their name. This is not allowed, and this gesture actually backfires.
