New Form I-9 – be aware of changes to the new form!

December 5, 2016 at 6:36 pm | Posted in discrimination, E-Verify, Employee, Employer, Employment Law, harassment, Harvesting, I9, Immigration, Legal, New employment laws/amendments, retaliation | Leave a comment

A new Form I-9 has been released by U.S. Citizenship and Immigration Services, commonly known as USCIS.  The Form I-9 has two goals: to ensure that employers are only hiring individuals who may legally work in the United States–either U.S. citizens or foreign citizens who have the necessary authorization; and, to confirm identity.

The new Form I-9 is dated November 14, 2016 and has an expiration date of August 31, 2019. USCIS has a practice of extending the expiration dates as they work on new forms.  Employers must start using the new version of the Form I-9 on January 22, 2017, but there is no reason not to start using the new Form I-9 now.

There has been change to the storage and retention rules for your previously completed Forms I-9.

The new Form I-9 still has the helpful stop signs to signify when an employee should stop in putting information.  The request for phone number and email is a voluntary one.  One of the big changes is that the full 9 pages of the Form I-9 and instructions is now just the Form I-9 and the list of acceptable documents from List A, or List B and C.

This two page document could result in over $16,000 of fines if completed incorrectly so pay attention, read every line, sign where you need to, and consider reading the M-274 Form I-9 Handbook to better understand what documents are appropriate for providing by employees.

From Hultman Sensenig + Joshi:  If you have not conducted an internal audit of your Form I-9’s, now is a good time to consider doing so as engaging in such proactive measures and making corrections where you can in the legally acceptable way shows a commitment to compliance in case of an ICE audit.  Let us know if we can be of assistance to you for an internal audit.  You will want to be sure you are not engaging in any discrimination at the initial completion of the Form I-9, or in any audit.



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