Published July 2009
These days, many employers are confused about their responsibilities when hiring new employees. The confusion stems from a requirement involving I-9s (Employment Eligibility Verification forms) for newly hired employees.
Employers are rightfully confused. The old and new forms look almost identical and to add to the confusion there have been multiple delays. BASIC is sponsoring a free webinar covering all aspects of the I-9s on August 13. You can register for this free webinar below.
Below and to the right are press releases issued by U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration and Customs Enforcement (ICE) on recent I-9 audits and form extensions.
June 26, 2009
USCIS Issues Guidance on Employment Eligibility Verification Form
Form I-9 Remains Valid Beyond Current Expiration Date of June 30, 2009
WASHINGTON-U.S. Citizenship and Immigration Services (USCIS) announced today that the Employment Eligibility Verification form I-9 (Rev. 02/02/09) currently on the USCIS Web site will continue to be valid for use beyond June 30, 2009.
USCIS has requested that the Office of Management and Budget (OMB) approve the continued use of the current version of Form I-9. While this request is pending, the Form I-9 (Rev. 02/02/09) will not expire.
USCIS will update Form I-9 when the extension is approved. Employers will be able to use either the Form I-9 with the new revision date or the Form I-9 with the 02/02/09 revision date at the bottom of the form.
For more information on USCIS and its programs, visit www.uscis.gov.
- Download I-9 (Rev. 02/02/09) (English) (447KB PDF)
- Download I-9 (Revisado en 02/02/09) (Spanish) (443KB PDF)
- Paper I-9 forms can be obtained by calling the USCIS at 800-870-3676.
What is the difference between the revised Form I-9 and the old one?
The biggest difference in the revised Form I-9 is that all documents presented during the Form I-9 process must be unexpired. The list of approved documents that employees can present to verify their identity and employment authorization is divided into three sections: List A documents verify identity and employment authorization, List B documents verify identity only, and List C documents verify employment authorization only.
The following documents have been added or removed from the List of Approved Documents: Two documents have been added to List A:
- A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp; and
- A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.
Three documents were removed from List A:
- Form I-688, Temporary Resident Card;
- Form I-688A, Employment Authorization Card; and
- Form I-688B, Employment Authorization Card.
It is important to know the requirements of the Form I-9:
- All U.S. employers must complete and retain the currently approved Form I-9 for each individual (citizen and non-citizens) they employ in the United States.
- The I-9 must be completed within the first three days of employment for each new employee.
- Employers must keep all I-9 forms on file for three years after hire, or one year after termination, whichever is later.
- Employers must verify the employment eligibility of each new hire by identifying on the I-9 the approved documents presented by the new employees. The list of acceptable documents was amended in 2007 and is being amended for the new I-9 version.
- Failure to complete and retain an I-9 form for each new employee, and failure to use the correct I-9 that is required at the time of the hire, can expose an employer to substantial civil monetary penalties.
Free Webinar – August 13, 2009
The Importance of I-9 Compliance: The Basics Every Employer Should Know
Presented by Chris Stoddard
Chris has BBA in Accounting from the Seidman College of Business at Grand Valley State University. He current leverages his years of experience as an accountant and large retail company manager for BASIC as a Payroll Consultant.