New I-9 Effective 5-8-13

On March 8, 2013, the U.S. Citizenship and Immigration Service updated and published a revised Employment Eligibility Verification Form I-9 (visit our free forms to download). Employers should begin using the revised Form I-9 immediately for all new hires and all re-verifications.

Effective May 8, 2013, employers will be REQUIRED to use the revised Form I-9 and could face penalties if found to not be using it. Prior versions of Form I-9 will not be accepted after May 7, 2013.

What’s New about the form?

• Adding data fields, including the employee’s foreign passport information (if applicable) and telephone and e-mail addresses.
• Improving the form’s instructions.
• Revising the layout of the form, and expanding the form from one to two pages (not including the form instructions and the List of Acceptable Documents).

How should HR prepare for the new form?

• Assign a team member to spearhead the transition to the new form.
• Familiarize yourself and your team with changes to the form; this is a good time to also review Form I-9 requirements, in general, to ensure your organization understands the requirements for each section as they relate to regulations.
• Identify areas where business processes may need revising.
• Partner with your electronic I-9 software developers to ensure a smooth implementation of the new form so that you are up and running effective May 8, 2013.

What should HR be doing anyway?

• Form I-9 is only required for all employees hired after November 6, 1986.
• The Form I-9 must be completed AND dated within 3 business days after the employee’s hire date. They cannot complete it until AFTER they have received and accepted a conditional offer of employment. Use an Offer Letter to document this was the case.
• The employer must examine the original documents, not photo copies, to ascertain if they are genuine.
• The employer cannot TELL the employee WHAT documents to bring for examination. A list of documents is provided on the Form I-9. Give this list to the employee so they can choose what documents they have that satisfy the requirements.
• All documents must be UNEXPIRED!
• Section 1 is completed by the employee and signed and dated.
• Section 2 is completed by the employer and signed and dated. This should be the SAME person who examined the original documents. Within the “Certification” paragraph, there is a blank line to insert the employee’s hire date. This is often left blank. Be sure to complete this and ensure it is the correct hire date that was used on the Offer Letter.
• Section 3 is ONLY for RE-verification so this is left blank UNTIL it is time to RE-verify the employee’s documents. You should have some type of tickler/reminder system in place for Form I-9 re-verifications. Every document must maintain an unexpired date, including Driver’s Licenses.
• Store the I-9s separate from the Personnel Files. A binder is a good method. Use alphabetical dividers for organization. Keep the binders locked. Electronic storage and signatures are allowed.
• Remember the retention for I-9s is the duration of employment PLUS one year OR 3 years from the date of hire, whichever is longer. It is not necessary to keep I-9s beyond the retention period.

USCIS has scheduled free webinars to help employers learn about the new form.  Visit I-9 Central Home for more information. Thank you.

This information has been provided by Your HR Resource. 

The I-9 is Not That Hard

Many employers struggle with the I-9. While there are a few complexities, it should be a relatively simple process for completing, storing, and tracking. I have performed several I-9 and Employee File Audits and have found the same mistakes among employers. Usually, forms are not stored properly, are missing key information such as signatures, hire dates and, yes, even the fields where document information must be listed are blank! Another common mistake is not dating the I-9 within 3 business days of employment and, sometimes, an employer won’t even have an I-9 for an employee at all!

The Act regulating I-9s is the Immigration Reform and Control Act of 1986 (IRCA). In a nutshell, it prohibits the employment of individuals who are not legally authorized to work in the United States. It also prohibits discrimination in employment related matters on the basis of national origin or citizenship. You cannot fail to hire someone because he/she is NOT a citizen. IRCA requires employers to certify the identity and eligibility to work within 3 business days of employment using the I-9 form.

The I-9 does a good job of giving instruction on how to complete it. I think several employers simply do not take the time. This is a good first step. Read the instructions on the form itself. Be sure that you are using the correct form with the latest document number and expiration date. As of now, that date is “OMB No. 1615-0047; Expires 08/31/12”.

I have provided 10 steps for you to use as a cheat sheet. Keep this in your desk to refer to:

1. All employees must complete an I-9. They cannot complete it until AFTER they have received a conditional offer of employment. Use an Offer Letter to document this was the case.

2. The I-9 must be completed AND dated within 3 business days after the employee’s hire date. If an employer wants an employee to complete hiring forms PRIOR to their start date, this is okay AS LONG AS a conditional Offer Letter has been extended and accepted by the employee.

3. The employer must examine the original documents, not photo copies, to ascertain if they are genuine.

4. The employer cannot TELL the employee WHAT documents to bring for examination. A list of documents is provided on the I-9. Give this list to the employee so they can choose what documents they have that satisfy the requirements.

5. All documents must be UNEXPIRED!

6. Section 1 is completed by the employee and signed and dated.

7. Section 2 is completed by the employer and signed and dated. This should be the SAME person who examined the original documents. Within the “Certification” paragraph, there is a blank line to insert the employee’s hire date. This is often left blank. Be sure to complete this and ensure it is the correct hire date that was used on the Offer Letter.

8. Section 3 is ONLY for RE-verification so this is left blank UNTIL it is time to RE-verify the employee’s documents. You should have some type of tickler/reminder system in place for I-9 re-verifications. Every document must maintain an unexpired date now, including Driver’s Licenses.

9. Store the I-9s separate from the Personnel Files. A binder is a good method. Use alphabetical dividers for organization. Keep the binders locked. Electronic storage and signatures are allowed.

10. The retention for I-9s is the duration of employment PLUS one year OR 3 years from the date of hire, whichever is longer. It is not necessary to keep I-9s beyond the retention period.

IRCA imposes fines for hiring illegal aliens ranging from $275-$11,000 per alien. There are also paperwork fines between $110-$1,100 per offense. Finally, employers can even face criminal penalties for repeated violations. These can include up to 6 months in prison and up to $3,000 per unauthorized alien! So, I tell you, the relative simplicity of maintaining the I-9 form is not worth facing any of these penalties! If you find errors on an I-9, these can be corrected by lining through the mistake and initialing the correction beside it. If the I-9 is really messed up, have the employee complete a new one with current dates but staple the incorrect I-9 to the back of this and store them together.

Once you get your system in place and train your staff, you will see the process is easy to maintain. More information, including a Handbook for Employers, can be found at www.uscis.gov.