Employers are required to use the new version of the Form I-9 (dated 07/17/17) for all new employees beginning on Sept. 18, 2017. Although the changes to the Form I-9 are minimal, failure to use the new form can result in significant fines.
The new form, provided by the United States Citizenship and Immigration Services (SCIS), has a printed expiration date of Aug. 31, 2019. Employers should not complete new forms for current employees. Current storage and retention rules have not changed.
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens alike. Both employees and employers (or authorized representatives of the employer) must complete the form. The new version renumbers all “List C” documents except the Social Security card.
On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) that an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9.
The list of acceptable documents (passports, etc.) can be found on the last page of the form. Employers must retain Form I-9 for a designated period (either for three years after the date of hire or for one year after employment is terminated, whichever is later) and make it available for inspection by authorized government officers.
The new form, a new 15-page set of instructions for the form, and an updated Handbook for Employers, a valuable resource for those handling Form I-9 issues, are available for reading and downloading free of charge on the USCIS online website at https://www.uscis.gov/i-9.
