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  • I-9 Form Issues

    Hello all,

    I've recently been dragged into a pretty confusing situation here.
    I am a Canadian citizen and I got my TN visa with a valid I-94 which expires in Feb 2023.

    After i successfully received the TN visa at the border in feb 2021 , the company i work for requested me to provide my passport, the i-94 , ssn card and my drivers license on my first day of employment. All my documents are fully legal. Here is where the issues start.

    1. The company HR ( who was a temp) took my documents and filled the I-9 and made the colossal mistake of placing me as an american citizen. They also placed a digital signature in the employee signature field. I clearly trusted the HR and didnt see the form. This I-9 was submitted and the SSA got back to the company with a TNC stating that the citizenship information didnt match. The company HR didnt check their databases for roughly a year and a half and the temp has left. There is a new HR who brought this to my attention and I mentioned that I didnt fill out the I-9 myself and thus HR or the company is to be held responsible.

    2. The HR understood that they were responsible and cancelled the first I-9 submission. In their haste to correct their error, they put out a correct I-9 and signed for me BUT didnt show me the form. When i got to know about this , I was understandably angry and requested that the second form be cancelled since it was ridiculously unethical.

    3. I have spoken with both the HR and the company lawyer . The company lawyer has advised the HR to provide a letter on the company letterhead stating that the company was responsible for the mistakes made in the first I-9. They will also be filling a new third I-9 in my presence this week and placing it through the e-verify system.

    Questions:

    1.When they do this new I-9 will there be any issue? Does anyone know what happens to cancelled I-9's? Does it stay in the system?
    2.I recently travelled to canada by land and returned to the USA. I faced no issues while re-entering. Will there be any issues in the future?
    3. Will there be any issues for getting a new TN?
    4. Will there be any issues for when applying for a GC through marriage or employment?

    Thank you all .

  • #2
    I don't think there should ultimately be any immigration consequences for you, since you were indeed authorized to work for this company the whole time, and you did not consent to any document saying that you are a US citizen or saying anything else that was false. Not having an I-9 is the company's problem, not yours.

    This is my personal opinion and is not to be construed as legal advice.

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