Beginning September 8, 2017, employers must use the new Form I-9 issued by the U.S. Citizenship and Immigration Services (“USCIS”). This form is used by employers to verify a newly hired, or rehired, employee's identity and ability to work in the United States.
The new I-9 form may be found at the USCSIC’ website www.uscis.gov. Also available on the USCIS’ website is the USCIS’ Handbook for Employers which provided information about filling out and completing the I-9 form. This handbook is an invaluable resource to employers who have questions regarding filling out and completing the I-9 form.
The new I-9 form may be filled out by hand or filled out and printed off of the USCIS website. Whether printed or done by hand, the form must be signed by hand and the employer must keep a copy of the signed form, along with any documents provided by the employee in support of the I-9 form. The employer is required, by law, to keep the employee’s I-9 form for the later of 3 years after the employee’s date of hire or 1 year after the employee’s employment ends. I-9 forms should be kept separate from the employee’s personnel file.
The primary changes to the new I-9 form consist of the addition of the Consular Report of Birth Abroad being added as an identification document and the combination of certificates of report of birth issued by the State Department being combined. Other changes merely revise the I-9 form’s language without making any material changes.
As a note to employers, new or rehired employees are required to fill out and complete Section 1 of the I-9 form on or before their first day of employment and must provide the required documentation not later than 3 days after their date of hire.
If you have any questions regarding the new I-9 form or employment law questions generally, please feel free to contact Lance Ziebell of Lavelle Law at (847) 705-7555.