How to Handle Fraudulent Documents
Your new hire has presented a fake ID. What do you do now?
The USCIS, ICE, and the U.S. Department of Justice (DoJ) have published a loose set of recommendations that should be followed when fraudulent documents are presented by a new hire or discovered later in an internal audit.
If we return a "Believed Fraudulent" response:
- First, make our assessment your own! Confirm our findings by meeting with the employee to view the actual ID document.
- (If you’re conducting an internal audit and the ID document is no longer available, you should require the employee to present an alternative document.)
- If you conclude, after viewing the actual document, that the ID is indeed fraudulent or altered, you must give the employee an opportunity to present a different document.
- The employee may present the suspect document again. If you have concluded, following a physical examination, that the suspect document is obviously fraudulent, you should reject it again and give the employee an opportunity to present a different document.
- If the employee is a new hire and the deadline for presenting documents to complete Section 2 has not passed, the employee has until the close of business on the third day after the first day of employment to present an alternative document.
- If the Section 2 deadline has passed or you discovered the fake ID in an audit, how much time you give an employee to present documents must be reasonable and based on specific circumstances. An employer should consider the reasons for an employee’s inability to present acceptable documentation and determine whether an extended period of time would be appropriate. An employer should be sure to allow or disallow additional time based on objective nondiscriminatory and non-retaliatory criteria and without regard to an individual employee’s citizenship status or national origin. The employer should document the basis for its decision and continue to document the efforts of the employee to obtain acceptable Form I-9 documentation.
- If the employee is able to present acceptable alternative documents, you should correct the form. Specifically:
- If you can be reasonably assured that the employee’s identity as described in Section 1 of the original form is true, you can complete a corrective Section 2 only. Describe the alternative document(s) on the current version of Form I-9; attach the correction to the original form with a signed and dated explanation for the additional page.
- If the employee admits that s/he was hired under a false identity but is now work-authorized under his/her true identity, complete the full I-9 (on the current version) with the employee. You are not required to terminate the employee under this circumstance but may do so if the employee’s actions violate an honesty policy or other term of employment. If you participate in E-Verify, you will treat the employee as a new hire and verify them.
- Attach any additional I-9 sections, ID document copies, and related documents to the original I-9. Do not discard any previous I-9, document copies, etc.
Additional Notes
- Fully document your actions and communications with the employee in writing. A detailed record of your actions can help protect your company should a terminated employee file a complaint with a government agency. All such documentation should be associated with the I-9 and retained for as long as the form is required to be retained.
- We recommend that employers always copy the front and back of ID documents presented to complete Form I-9 at any time. Take a clear photos with a smartphone. Do not rely on a copying machine; photocopies are usually not legible and are practically useless when determining whether or not the document is valid.
- If the employee quits after being contacted, you should attach to the existing form a signed and dated statement describing the reasons for rejecting the fraudulent ID and explain why the issue could not be resolved (e.g., because the employee no longer works for you).
We are Here to Help!
You are welcome to contact us if you have more questions about our response. We also offer premium support options including a scheduled call with an I-9 Specialist or unlimited email and phone support for your entire HR staff.
