Notation

Some errors are not able to be corrected; these are called “incurable” errors. In the event that such a situation should be discovered, the Form I‐9 must be kept and notated as thoroughly as possible about why the form exists or what happened. Corrective action must be taken, such as providing training or retraining to the Unit I‐9 Manager or utilizing the University’s Compliance Procedure. It is unlawful to delete a Form I‐9, simply for the reason that it contains an error!

Deletion

Every effort should be made to avoid the possibility of these scenarios arising. Completed I‐9s may be deleted in very limited circumstances.

Deletion Scenarios

1. 1. A Form I‐9 was completed, but no work for pay has occurred. If a person who accepted a job never works for pay, then an I‐9 that was completed in advance of the agreed upon start date can be deleted. Examples may include:
      1. The individual never reports to work. The person is never paid, since s/he did not work.
      2. The individual is required to take a health screening (or other post‐job acceptance testing), and fails the screening. The individual is not allowed to be employed due to failing the screening. The individual was not paid for the screening, and is never paid because s/he did not work.
      3. If an I‐9 is initiated for an individual who will not be employed by the University, but rather will be associated with the University in an unpaid capacity or receive a fellowship.
   2. An original paper Form I‐9 exists and a problem occurs when inputting the data from the original record into Tracker. If the original record is a paper I‐9, then any incorrectly imported data from that paper form can be deleted, so that the Unit I‐9 Manager can start over and correctly import the data from the paper form. Examples may include:
      1. The Unit I‐9 Manager accidentally uses the “Create new I‐9” functionality, when the “Import Paper” functionality should have been used.
      2. A unit enters a historical paper form, and in transcribing the data off the form makes a typographical mistake that IS NOT ON the paper form and saves it before realizing the mistake
      3. Please note: IF this second scenario occurred, and subsequently an electronic Section 3 was added with a reverification date for an expiring document, AND the document has already expired, THEN it should not be deleted, but rather notes should be added to indicate what happened.
   3. A duplicate fully completed (Section 1 & 2) Form I‐9 exists. The possibility of this occurring should be significantly reduced with Tracker’s duplicate SSN warning. However, with SSN optional for employees who are not E‐Verified, the possibility of no SSN to trigger the warning remains. Examples may include:
      1. A Form I‐9 is completed, and later it is discovered that the employee was a transfer, not a new hire. The employee’s original I‐9 is retained.
      2. An employee, such as a student worker, begins work in multiple departments, and the second department did not know the employee had already been hired by the first department. Since the student did not provide SSN, there was no duplicate I‐9 warning. The employee’s first completed I‐9 is retained.

Deletion of Supporting Documents

The University has made the decision not to keep copies of supporting documents whenever retention is not mandatory. When a person is required to be E‐Verified, retention of copies of some supporting documents is required as part of the E‐Verify process. In the event that copies of non‐mandatory supporting documents are detected in an employee’s I‐9 file in Tracker, then the unit may request through Central HR that the incorrectly attached documents be deleted. Please note: the functionality to perform this deletion is not yet available in Tracker, but can be noted. Examples may include:

7. • The Unit I‐9 Manager incorrectly imports I‐9 support documents not mandated for retention by E‐Verify into Tracker or incorrectly retains such documents in a unit I‐9 file.
   • The Unit I‐9 Manager incorrectly imports support documents mandated for retention by E‐Verify into Tracker or incorrectly retains such documents in a unit I‐9 file, but the employee at issue is not required to be processed through the E‐Verify system at that time.

Requesting Deletion

A Unit I‐9 Manager can request deletion of a completed electronic I‐9 by contacting the campus/central HR office, and including reference to the applicable scenario by number. Designated campus/central HR office representatives will review requests and effect the deletion of forms determined to meet one of the scenarios listed above. Assistance in making such determination will be sought from Legal Counsel or University Human Resources as necessary.

OTHER SCENARIOS

In the event that a scenario occurs, which is not described above, the campus/central HR office will contact University Human Resources. The novel scenario will be reviewed with Legal Counsel for further direction.

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