The U.S. Citizenship and Immigration Services (USCIS) issued a new Form I-9 that must be used by all employers no later than May 7, 2013. In a very strange application of the Paperwork Reduction Act, which states that the purpose of the act is to “…minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government…” USCIS has expanded the form from two pages to three pages.
Some of the changes that are found on the form include:
- A statement that says that the employee section of the I-9 (page 1) must be completed no later than the first day of employment. It also indicates that their section can be completed before the first day as long as they have accepted a job offer. This will help streamline the process.
- The employee has the opportunity to give their email and telephone number. Supposedly this is optional, but that is not stated on the form.
- Additional information is now required for workers who mark “An Alien Authorized to Work Until….” and who were issued an I-94 card.
- On page two employers must now list the worker’s full name at the top.
- There are additional spaces for List A documents, because sometime more than one List A document is needed.
- On page three there have been changes in the lists of documents, in particular detailing the types of Social Security Cards that are NOT acceptable documents.
Here are some of the rules you MUST abide by to avoid getting fined.
- You must cease to use the old form immediately, but certainly no later than May 7th.
- Section 1 must be completed no later than the end of the first day of employment.
- Within three business days of the first day of employment the employer must list the documents presented by the employee that verify their right to work in the United States. If that verification has not taken place by the beginning of their fourth day you must terminate their employment.
- You may NOT specify which documents the employee presents for verification. But you MAY NOT use any expired documents.
- Make sure information is put on the proper line and that everything is dated and signed.
- If you photocopy documents you must do it for all applicants. Those photocopies must be kept with the I-9.
- Do NOT use the new form to reverify the employment status of any employee already verified.
There you have it, new rules that we have to live with. Good luck.
The new form can be download by clicking this link NEW I-9. You can also get a Spanish version of the form and a copy of the new handbook as well.