Complying with the New I-9 Form Requirements

As of May 7, 2013, all employers were required to begin using newly revised I-9 Forms for all new hires, or for employees subject to reverification. The new form, along with applicable instructions, is available here. Form I-9 is used to verify the identity and employment authorization of all individuals hired in the United States. This includes citizens as well as non-citizens. Employers failing to use the new form will be subject to civil penalties.

Aside from adding a few new data fields, including those related to the employee’s foreign passport number and country of issuance, the new form clarifies several areas previously thought to be unclear. Employers and employees must each complete their respective sections of the new form.

Employees must attest that they are authorized to work in the United States. They must also present acceptable documents evidencing such authorization, along with proof of their identity. The employer must then examine the employment eligibility and identity document(s) to determine whether the document(s) reasonably appear to be genuine, and relate to the employee. It must also record the document information on the form. A list of acceptable documents can be found on the last page of the instructions.

Form I-9 must be retained and stored by the employer either for three years after the date of hire, or for one year after employment is terminated, whichever is later. The form must be made available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.