The U.S. Citizenship and Immigration Services (USCIS) released the new Form I-9 and all employers are required to start using the new form starting January 22, 2017.
What is the I-9 process?
Within three days of hiring a new employee, the employer (and employee) must complete the Form I-9 by taking the following steps:
- The employee completes (and signs) Section 1 of the form and returns the completed form to the employer along with documents establishing the employee’s identity and authorization to work in the United States.
- The employer reviews the documents the employee provided and completes (and signs) Section 2 (and Section 3, if applicable) of the form.
The employer is required to keep the completed I-9 forms for all current employees for the duration of employment. Employers are also required to keep the completed I-9 forms for all terminated employees for either one year after the employee’s termination or three years after hire (whichever is later).
What are the changes with the new Form I-9?
Some of the changes in the new Form I-9 include:
- Employers have the option to complete the form electronically
- Section 1 asks for “other last names used” rather than “other names used,”
- Certification is streamlined for certain foreign nationals.
- The form includes prompts to ensure information is entered correctly
- Multiple preparers and translators can be listed on the new form
- There is a dedicated area for including additional information rather than having to add it in the margins.
- There is a supplemental page for the preparer/translator.
What happens if an employer doesn’t start using the new Form I-9 by January 21st?
Failure to comply with the I-9 process (including using the wrong form and/or failing to fully complete the form) may result in administrative fines ranging from $110 to $1,100 per form, depending on the nature of the infraction and number of offenses over time.
