Signature Is Not Compliant
Summary
The Form I-9 Alerts box appears on the Summary tab of the Form I-9 page, providing error and warning alerts to ensure the Form I-9 is created and signed in a compliant manner. The specific alerts above appear when Section 1 and Section 2 are signed late and are known as incurable errors.
Incurable errors are Form I-9 compliance issues that cannot be fixed given the existing data in the I-9 record but can be addressed via an audit.
USCIS Guidance
- Section 1 must be signed on or before the employee's first day of work. If the employee completes it past their start date, an incurable error message will be displayed on the Form I-9.
- Section 2 must be signed no later than the 3rd business day after the employee's first day of work. If the employer completes it past this date, an incurable error message will be displayed on the Form I-9.
Please refer to the following link for more detailed information on how USCIS compliance rules work regarding Section 1 and Section 2:
https://www.uscis.gov/i-9-central/complete-and-correct-form-i-9
Next Steps
You may create a system-recommended audit note explaining the situation of why Section 1 and/or Section 2 was completed late.
If this alert is in error, please check the start date on Form I-9. If the start date is incorrect and causing this alert, please amend Section 2 and update the start date. After the start date is correct, the alert will no longer appear.
FAQ
- An I-9 record shows the signature as late, but it was delayed due to the employer being closed for a Holiday, why doesn't Tracker I-9 account for holidays when determining if a signature is late or not?
- USCIS identifies that Section 2 of the Form I-9 must be completed within 3 business days of the employee's start date and does not designate Federal Holidays as being exempt from this rule, as many businesses still operate on some Federal Holidays. Because USCIS only defines the rule as 3 business days and we cannot know every organizations' business days and what holidays they close for, the Tracker I-9 system is designed to operate on the conservative side and only accounts for weekends.