Failure to comply with these requirements can result in civil and criminal penalties. Employers must make available to new employees the complete instructions to Form I-9 and the Lists of Acceptable Documents. Newly hired employees must complete and sign Section 1 of Form I-9 no later than their first day of employment. New employees must then present either one document from List A or one document from List B in combination with one document from List C to their employer.
- The I-9 instructions now state that Section 1 of the form must be completed “no later than the employee’s first day of employment.” Previous instructions noted this section had to be completed by “the end of” the first day.
- Employers must retain the completed I-9 forms for three years from the first day of employment or one year from the last day of employment, whichever is later.
- Citizenship and Immigration Services released a new version of Form I-9 for Employment Eligibility Verification.
- Additional spaces to enter multiple preparers and translators.
- Relevant information about this document from Regulations.gov provides additional context.
U.S. Citizenship and Immigration Services (“USCIS”) recently released an updated version of Form I-9, Employment Eligibility Verification. This new version, dated November 11, 2016, will become mandatory on January 22, 2017; however, employers are allowed to use the new or current version of the Form I-9 until January 21, 2017.
Employer alert: Revised I-9 form required beginning Sept. 18, 2017
Employers do not need to complete a new I-9 for current employees who already have a properly completed Form I-9 on file, unless reverification applies. The updated I-9 contains minor changes to the form and its instructions and is effective immediately. Employers may continue using the prior version of the form until April 30, 2020.
- The updated Guidance for Completing Form I-9 [the M-274] should be issued in early January 2017.
- Paper forms may be stored in employees’ personnel files; however, in order to comply with any request for inspection as outlined below, it is recommended that the I-9 forms be stored in a separately labeled file folder.
- In fact, get it completed before the first day of employment to avoid any complications or delays.
- Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks.
The new Form I-9 instructions also indicate that employers do not have to insert “N/A” into unused lists of recorded documents in Section 2 of the Form I-9. For example, there is no requirement to insert “N/A” in List B and C blanks, when List A is completed in Section 2. Given the increased enforcement of immigration-related laws this year, employers should use particular care when handling Form I-9 and other immigration-related employment processes and practices. Annual internal Form I-9 audits and periodic 3rdparty Form I-9 audits by qualified professionals are recommended. Many mistakes discovered during an audit can and should be corrected. The Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”) is a section within the Department of Justice’s Civil Rights Division that enforces the anti-discrimination provision of the Immigration and Nationality Act (“INA”). The OSC can help workers by calling employers and explaining proper verification practices and, when necessary, by providing victims of discrimination with charge forms.
Employers Must Use New I-9 by September 18, 2017
Porter Wright Morris & Arthur LLP offers this blog for general informational purposes only. The content of this blog is not intended new i 9 forms for 2017 as legal advice for any purpose, and you should not consider it as such advice or as a legal opinion on any matters.
- To review the complete set of requirements on Form I-9, Employment Eligibility Verification, click here to access the “Retain and Store Form I-9” section of the USCIS website.
- A “Y” next to the revision date means the form is valid until USCIS issues a new form with a revision date containing an “N”.
- We make no warranties of any kind regarding the accuracy or completeness of any information on this blog, and we make no representations regarding whether such information is reliable, up-to-date, or applicable to any particular situation.
- Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission.
Employers that participate in the E-Verify program must use E-Verify consistently and without regard to an employee’s citizenship, immigration status, or national origin to avoid violating 8 U.S.C. § 1324b or the E-Verify rules. Discrimination in the E-Verify process, such as requiring a DHS-issued document from all non-U.S. Citizens to create an E-Verify case, violates 8 U.S.C. § 1324b and the E-Verify rules. Employers must also retain a Form I-9 for three years after the date of hire, or one year after the date employment ends, whichever is later. Employers must show their employees’ I-9 form any time the immigration or labor authority requests it.
Porter Wright Blogs
Before sharing sensitive information, make sure you’re on a federal government site. Validations on certain fields to ensure information is entered correctly. The form will validate the correct number of digits for a Social Security number or an expiration date on an identity document, for example. Fay said that the Jan. 21 extension to transfer to the new form is “great news for employers, many of whom struggle to stay up-to-date with the latest I-9 changes and requirements.” Gain the intel you need now to successfully anticipate and navigate employment laws, stay compliant and mitigate legal risks. Sheppard Mullin is a full-service Global 100 firm with more than 1000 attorneys in 16 offices located in the United States, Europe and Asia.
For U.S. citizens, I-9s are valid continuously unless a break of more than a year of employment occurs. International employees on F-1 , H-1B , or J-1 visas must have their I-9 reverified each time their visa has expired with a new work authorization permit (renewed visa with work authorization, EAD, Permanent Residence Card, etc.). Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices.
The Federal Register
For those employers considering electronic systems, or already using an electronic I-9, it is critical to conduct due diligence to ensure that the product complies with the regulations and guidance. Not all systems meet the electronic I-9 regulations, and the mere fact a large vendor sells the product does not necessarily render the product compliant. We expect that Immigration and Customs Enforcement will begin to develop and showcase an expertise in this area in the near future. No changes to storage – which means that employers may still keep Form I-9s in a single format or a combination of formats, such as paper, microfilm or microfiche, or electronic. For paper I-9s, we continue to recommend a three “binder system” consisting of Active, Reverifications and Terminated I-9s. Employer should keep all of the forms separate from personnel folders and safeguarded due to privacy concerns.
Immigration Alert: USCIS Says Continue To Use Current Form I-9 Past Expiration – Snell & Wilmer
Immigration Alert: USCIS Says Continue To Use Current Form I-9 Past Expiration.
Posted: Fri, 14 Oct 2022 07:00:00 GMT [source]
The prior Form I-9 which has a 2013 revision date, may only be used until January 21, 2017. Employers should transition to using the new I-9 as soon as possible. Immigration & Customs Enforcement (“ICE”) requires use of the new I-9 no later than January 22, 2017. Updated the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to Immigrant and Employee Rights Section . Given the lack of any true substantive updates, it appears this name change is the main reason for the form update. Michael Shadiack is the Chair of Connell Foley’s Labor and Employment Practice Group. Representing a broad spectrum of employers and management personnel in the private and public sectors, he provides litigation defense and …
The content and links on intended for general information purposes only. Any legal analysis, legislative updates or other content and links should not be construed as legal or professional advice or a substitute for such advice. If you require legal or professional https://www.bookstime.com/ advice, kindly contact an attorney or other suitable professional advisor. Kelly helps employers of all sizes meet their staffing needs by handling the immigration issues they face in hiring foreign nationals and moving employees around the globe.
- Fraudulent activities should always be reported to your local law enforcement office.
- An employee who knowingly accepts fraudulent documentation can also be criminally prosecuted under other immigration laws.
- As to authorized representatives for the completion of Section 2 of the Form I-9, the new Form I-9 instructions do confirm that any person may be designated to complete and sign the form on the employer’s behalf.
- The nation’s highest court has ruled that discrimination against LGBTQ workers violates Title VII of the Civil Rights Act.
- Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507.Learn more here.
- Employer should keep all of the forms separate from personnel folders and safeguarded due to privacy concerns.