On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised Employment Eligibility Verification I-9 form.
While employers should begin using the March 8, 2013 dated I-9 form immediately, older forms dated Feb. 2, 2009, and Aug. 7, 2009, will be accepted until May 7, 2013. After May 7, 2013, only the March 8, 2013 form will be accepted.
Individuals hired for employment in the United States are required to complete the I-9 form, regardless if they are or are not a U.S citizen. The I-9 form is used to verify identity as well as employment authorization and requests employees to provide the employer with acceptable documents verifying the identity and work authorization of the employee.
Employees should complete and fill out Section 1 of the I-9 form no later than the very first day of employment. Once the employee has provided the appropriate documentation and signed Section 1 of the I-9 form, thus attesting their citizenship or immigration status, the employee has agreed to be fined and/or imprisoned if false statements are provided on the form. The employer is then required to examine the employment authorization and the validity of the documents within three business days of the employees first day of employment.
The employer must then complete Section 2 of the I-9 form and record the document information including, document title, document number, document expiration date (based on the documents provided by the employee). Next, under Certification of Section 2, the employer must insert the employees first date of employment and complete this section with their name, title and the employer’s business name and address.
Section 3 of the I-9 form may or may not have to be completed depending on whether the employee provides an Employment Authorization Document, noted in Section 1 as Form I-766, or a 2-year permanent resident card. The employer is obligated to complete this section before the expiration date listed in Section 1. Employers will NOT need to reverify U.S. citizens, non-citizen nationals, lawful permanent residents with a Permanent Resident Card (Form I-551) or any List B documents. Reverification requires an unexpired document from either List A or List C. If an employee is rehired within three years of the I-9 form date, the employer may complete a new I-9 form or complete Section 3 of the original I-9 form. In Section 3, if the employees name has changed the change must be recorded in Block A.
Employers are not required to make copies of the documents presented although photocopies should not be made in lieu of completing Section 2 and Section 3 from the I-9 form. If the employer chooses to do so they should make photocopies for all new hires and reverification. The photocopies must then be presented with the I-9 form in the case of an audit from DHS or a Government agency. I-9 forms should be maintained and separated from the employee’s personal file and every employee should have one. The employer is obligated to maintain the I-9 form for three years after the date of employment begins or one year after the employee’s termination.
If you have not yet updated your I9 forms, here is a free updated I-9 form ready for download.