Printable Version Of 2013 I

old version of i-9 form

Employers can destroy a former employee’s I-9 records one year from the date of termination or three years from the date of hire, whichever is later. At the same time, disposing of I-9 forms early is considered a violation of the law and can lead to fines and penalties. One of the common Form I-9 myths related to three-day-rule is that employers believe they have up to three business days before they are required to have employees complete Form l-9. However, this rule only applies to the employer portion of the document, Section 2. All employees are required to fill out their portion, Section 1 of the Form I-9, by the end of the first day of work for pay.

You must give the employee a Further Action Notice in English and a translated version, if appropriate, with information on how to contest the TNC. Department of Homeland Security or the Social Security Administration issued the TNC. You should contact your employment legal counsel to find out for sure if you are required to use E-Verify. Conduct random audits of Form I-9 to ensure forms are completed accurately, on time, and that you have the appropriate document copies still available.

If the previous Form I-9 is an old version of the form, you must complete Section 3 on the current version of the form. The United States Immigration and Citizenship Service offers a detailed explanation of how an employer should handle the rehiring of an employee for purposes of I-9 documentation. Section 3, the rehiring and reverification section is located on the bottom of page 2 of the I-9 form. If you have used white-out, USCIS recommends attaching a signed and dated note to the I-9 explaining what happened.

old version of i-9 form

As an alternative option, employees must present one option from both List B and List C. For example, a driver’s license AND a social security account number card; or a school ID with a photograph AND a certified copy of a birth certificate. It must be completed and signed no later than the first day of employment, but not before accepting a job offer. Section 2 is filled out by the employer or an employer’s authorized representative. This portion must be completed and signed within three business days of the employee’s first day. With respect to hiring, firing, recruitment or referral for a fee by employers with four or more employees, employers may not treat individuals differently because they are or are not U.S. citizens or work-authorized individuals. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.

Please refer to the version date in the bottom corner of the Form I-9. To a company as large as Panda Express, $400,000 is merely a drop in the bucket.

Uscis Issues New Form I

Employers must use Form I-9 to verify the identity and employment authorization of their employees. This Notice contains the dates of both the prior version and the new version of Form I-9 that employers may use, as well as the date when the prior version will become obsolete.

old version of i-9 form

For those employees, reverification must occuron orbefore the given expiration date given in Section 1. Employees should generally be given notice that their employment authorization is about to expire 90 days before actual expiration, so that any steps which must be taken to obtain an extension of employment authorization may be taken in a timely fashion. Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire.

He recently named “Sacramento Lawyer of the Year” in Employment Law-Management for 2021 by Best Lawyers®. USCIS updated the DHS Privacy Notice to employees, which is included in the form instructions. The major change to the Privacy Notice is the notification that Form I-9 may be made available for inspection, and that DHS may share the information on the form, as appropriate, for law enforcement purposes or in the interest of national security. As a reminder, employers should only complete new Forms I-9 for employees who require reverification. Unnecessary verification of employment eligibility may violate anti-discrimination laws. The July 2017 I-9 employment eligibility form remained in use beyond its August 31, 2019 expiration date. Shortly before its expiration, USCIS announced that employers should continue to use that version until further notice.

In addition, such an employer can be barred from federal government contracts for a year. An employee who knowingly accepts fraudulent documentation can also be criminally prosecuted under other immigration laws. Form I-9, officially the Employment Eligibility Verification, is a United States Citizenship and Immigration Services form.

Introduction Of A New Version Of Employment Eligibility Verification Form

Fewer errors limits the risk of incurring a fine for documentation violations. Some of the key factors that will influence what action to take include when the original I-9 was completed and how many times the employee has been rehired. When reverifying on the form used during the initial I-9 verification, only Section 3 must be completed. It may not seem obvious, but unless an employer has implemented an electronic form I-9 with an electronic signature function, original handwritten signatures must be provided and retained. The mailing of this email is not intended to create, and receipt of it does not constitute, an attorney-client relationship.

Emptech assumes no obligation to update any viewer of any changes in law, rule, or regulation that could affect the information contained herein. Employers should encourage new hires to present identification documents as soon after completing Section 1 of the form as possible, but need to allow them up to three days after beginning work for pay to present identification documents. If employees do not produce proper documents within the three-day deadline, they should be immediately terminated. Being an employer entails many responsibilities to the government but properly completing, retaining, and producing Form I-9 is one of the most important obligations.

This section should be accompanied by copies of the original legal identification documents provided by the employee. Employees complete Section 1 of the form at the time of hire, but no earlier than when they have accepted the job offer.­ The employer must then review the employee’s documentation and complete Section 1 of the form within 3 business days of the hire. The United States government requires all employers to complete and retain a Form I-9 for all employees hired after November 5, 1986. This form is used to document the employee’s identity and to prove he or she is eligible to legally work in the United States. One of Form I-9 myths is that employers have to keep I-9 forms for all employees.

  • While there is no need to panic, you do need to take immediate action, ensuring that you remain compliant.
  • With automatic validation of the data you put in fields, the most common mistakes such as making a typo mistake, or using the wrong document number in the wrong place are completely eliminated.
  • Small and solo employers, in particular, will likely appreciate the new form’s error checking and built-in prompts.
  • The new version of the Form I-9 is now 2 pages, whereas the old Form had only one page.
  • This portion must be completed and signed within three business days of the employee’s first day.
  • It’s your job as an employer to ensure the documents and information are genuine and match what the employee wrote on the form.

Employers should no longer rely on the List A that appears in prior versions of Form I-9. Whether you represent a small business or a large corporation, the I-9 form is central to your employed human resources. You may think you have it all sorted out when it comes to this seemingly mundane federal process, but when it comes to immigration law, there are some things to consider. If you want to avoid the all-too-common mistakes that employers make with their I-9 filings, this post can help. John Fay is an immigration attorney and technologist with a deep applied knowledge of I-9 compliance and E-Verify rules and procedures. During his career, John has advised human resource managers and executives on a wide variety of corporate immigration compliance issues, including the implementation of electronic I-9 systems. If you haven’t been hiring in a while, you may not know that there is a new version of the I-9 form you must use.

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But providing the right access to paycheck info makes the process better, both for employees and admins. He believes culture is critical to organizational success and that HR holds the keys to defining the employee experience.

While there are no substantive changes to the face of the form, there are substantive changes to the lists of acceptable documents to verify employee identity and employment authorization. The most important change is that now only unexpired documents are acceptable for purposes of verification.

This does not apply to already presented and accepted non-expired U.S. Passports or Permanent Resident Cards when they reach their expiration date, nor to any List B documents (e.g., state driver’s licenses and state IDs). The USCIS website, in the Employer section, Employer Bulletins, lists the limited requirements and allowed instances for reverification.

The latest form was released on January 31, 2020, which was approved by the Office of Management and Budget on October 21, 2019. The new Form I-9 includes some minor changes, both in terms of the form and the form’s instructions.

Uscis Publishes New Form I

Some have dubbed this new form the “smart I-9” because it has electronic features intended to minimize errors and make it easier to complete on a computer. In order to be correct, the company representative completing the I-9 on behalf of the company must include both their first and last name, company address, and give theirfull job title — simply writing “HR” is in the job title space is not enough. I-9 compliance is critically important to businesses, but the process is far from intuitive. Read on for some frequent pitfalls found in audits and discover the ways they can be corrected or avoided altogether. Remember that these are only a sampling of mistakes that can occur and that it is best to consult with an attorney to ensureproper I-9 compliance. Jones Day publications should not be construed as legal advice on any specific facts or circumstances.

Employers use Form I-9 to verify their employees’ employment authorization in the United States. Employers and employees must complete Form I-9, and employees must supply documents establishing their right to work in the United States by the third day of employment. Employers that participate in eVerify must also complete Form I-9.

As stated by the DHS, although several versions have been released in the past, not all versions are valid for use. To determine whether you’re using the correct version, employers are instructed to look at the revision date printed on the bottom left corner of your form — not the I-9 expiration date printed on the top. 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 employer, of course, is still liable for errors of their designee in Form I-9 completion. As of September 18 this year, the only form that will be acceptable is the July 17, 2017 form.

In order to follow Form I-9 compliance guidelines, it is important to use the correct version of the document. Therefore, employers have to check the revision date printed on the bottom right-hand corner of the form, as well as the expiration date. old version of i-9 form As of September 18, the revised Form I-9 is in effect, bringing a new paperwork duty for all U.S. employers. All employers who have not already done so must immediately disregard the old version of and begin using the new version of Form I-9.

The Public Inspection pageon offers a preview of documents scheduled to appear in the next day’s Federal Register issue. The Public Inspection page may also include documents scheduled for later issues, at the request of the issuing agency. Since employment laws change over time and can vary by location and industry, consult a lawyer or HR expert for specific guidance. The OSC can help workers by balance sheet calling employers and explaining proper verification practices and, when necessary, by providing victims of discrimination with charge forms. Upon receipt of a charge of discrimination, OSC investigations typically take no longer than seven months. Victims may obtain various types of relief including job relief and back pay. Employers must update or reverify certain ID documents at or prior to their expiration date.

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Employees must complete Section 1 of the form upon commencing employment. The employer must complete Section 2 within three days of the employee’s starting date at work. The employer is responsible for ensuring that the forms are completed properly and in a timely manner. Navigating verification of employment eligibility and Form I-9 compliance can be complicated and time-consuming. Yet, now more than ever, it is necessary in the light of the current income summary administration’s increased focus on enforcement of immigration laws. This is why employers should make sure to avoid usual Form I-9 myths, establish a rigorous system for managing I-9 forms and schedule regular reviews and self-audits to identify potential violations that could result in penalties from ICE in the future. E-Verify is a system that allows employers to electronically verify the employment eligibility of newly hired employees.

Author: Kim Lachance Shandro

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