On March 8, 2013, the U.S. Citizenship and Immigration Services (USCIS) published a revised I-9 Form. The Employment Eligibility Verification I-9 Form is used by employers to verify an employee’s identity, and establish that workers’ eligibility to work in the United States. Employers must begin using the new I-9 Form for all new hires and reverifications by May 7, 2013. The new form may be found here.
The I-9 Form provides clearer instructions for employers and additional fields for employee information, such as telephone numbers and email addresses. Employers are not required to obtain new I-9 forms for existing employees unless reverification of an employee is required. Reverification is required when an employee’s employment authorization or employment authorization documentation expires. Reverification must be done prior to the expiration date in some instances, but not for U.S. Citizens or lawful permanent residents who presented a Permanent Resident Card (Form I-551).
Employers are required to maintain I-9 forms for 3 years after an employee’s hire or for one year after the employee’s termination, whichever is later. I-9 Forms may be stored on paper, microfilm, microfiche or electronically. Various governmental departments may inspect an employer’s I-9 Forms, and the employer will generally receive a written Notice of Inspection at least three days before the inspection.
If you have any questions about the New I-9 Form or any other employment related questions, please contact the author of this article or any other member of Butler Snow’s Labor and Employment group.
Workplace is published by the Butler Snow Labor and Employment Group. This newsletter focuses on developments in areas such as policy manuals, staffing and employment contracts, compliance matters, employment litigation and labor law.
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