Old Iron Versions

Re-verification must occur no later than the date that employment authorization expires. To avoid any breaks in service, you may want to establish a calendar call-up system for employees whose employment authorization will expire and provide the employee with at least 90 days’ notice. In general, there is no requirement for employers to make photocopies of the documentation provided by an employee to establish his or her identity and work authorization. However, if you do retain copies, you must do so consistently for all new hires. The employer may not require the employee to present certain documents in order to verify employment eligibility. The employee has the right to choose which documents to present, provided they are on the I-9’s List of Acceptable Documents . Section 2 must be completed by the employer within three business days.

However, there is some additional information not mentioned. You can find additional details about each list on the Form I-9. strategic HR inc. provides Human Resources related information and services; the contents of this website are not meant to be a substitution for legal counsel needed from your attorney. This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. At East Coast Risk Management, we’re dedicated to protecting and improving your bottom line. Our mission is to provide our clients with results-oriented solutions to their toughest risk management challenges.

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News, trends and analysis, as well as breaking news alerts, to help HR professionals do their jobs better each business day. The addition of a supplement in cases where more than one preparer or translator is used to complete Section 1. The removal of the requirement that immigrants authorized to work provide both their Form I-94 number and foreign passport information in Section 1. The requirement that workers provide only other last names used in Section 1, rather than all other names used. A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline audit processes.

  • Please note that it is critical that the employer provides the document to the employee at the time of hire or rehire.
  • Employers may terminate the employment only if the employee cannot attest the person’s work authorization by bringing the proof after the start date.
  • Employers must not assume that the employee is unauthorized to work just because the individual either could not bring the proof of employment authorization or has brought the unaccepted documents until the start date of the employment.
  • Instead, employers should encourage that employee to bring the acceptable documents which are under the List A, B and C.

Don’t consider the expiration date of I-9 documentation when making hiring, promotion or firing decisions. Don’t ask an applicant to complete an I-9 prior to extending a job offer.

This portion contains a cluster of boxes, followed by a grey bar. So, it’s fairly obvious where the employee section begins and ends.

Q: What Do I Do When An Employee’s Employment Authorization Expires?

The new form has the same expiration date as the prior version—08/31/2019—so employers should be careful to use the proper version of the form with 07/17/17 noted in the bottom left corner. On March 8, the agency released a revised Employment Eligibility Verification form, the well-known Form I-9. The new form, with the revision date March 8, 2013, must be used QuickBooks immediately, but employers are granted leeway for 60 days to adapt business processes to the new form. Prior versions of the form cannot be used beginning on May 7, according to the USCIS. The US Department of Homeland Security and Department of Labor have released the latest version of the I-9 form that employers are required to complete for each new hire.

old version of i-9 form

Once the comment period ends April 27 and comments are considered, USCIS may make further changes before sending the proposal to OMB, which will need to review and approve it. Ultimately, the form will be available for download at upon being approved.

List A – This document proves identity and employment authorization. Employers must begin using the new version by January 22, 2017. In the meantime, employers have the option of using the outgoing version. , the nation’s leading provider of HR solutions, hosts HR Forum as a place for people managers, business owners and human resource professionals to come together, keep current and exchange views. In the meantime, you may continue to use the old I-9 forms, even if they say they have expired.

Information on the I-9 could be used as a weapon in a discrimination lawsuit if the applicant is not hired. Do require all new hires to complete and sign Section 1 on their first day of work.

old version of i-9 form

Until further notice, though, employers should keep using the expired form until the recently proposed “smart” I-9 is in effect, according to U.S. Federal law provides for imprisonment or fines for making false statements or using false documents in connection with the completion of the I-9. An employer who hires an unauthorized worker can be fined between $250 and $5,500 per worker. In addition, such an employer can be barred from federal government contracts for a year. An employee who knowingly accepts fraudulent documentation can also be criminally prosecuted under other immigration laws. Employers must retain a Form I-9 for all current employees. Employers must also retain a Form I-9 for three years after the date of hire, or one year after the date employment ends, whichever is later.

Plus, it should streamline the certification process for some foreign nationals. For now, employers must continue to complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the U.S. Identity and work authorization documents are considered sufficient as long as the documentation was acceptable under the requirements of the I-9 in effect at the time it was completed. James Jensen practices in the labor and employment group, specifically in the area of business immigration. He works with employers and individuals to process and monitor non-immigrant and permanent resident matters, resolve immigration status issues, and ensure compliance with federal law and regulations. The I-9 instructions now state that Section 1 of the form must be completed “no later than the employee’s first day of employment.” Previous instructions noted this section had to be completed by “the end of” the first day.

Employers must retain I-9 forms for at least three years, or for one year following the employee’s separation from the company, whichever is later. It is a best practice to store all I-9 forms together in one file since they must be produced promptly following an official government request. Section 1, which requires the employee to attest that he or she is authorized to work in the United States, must be completed by the end of the employee’s first day of work for pay. “Every change to the Form I-9, no matter old version of i-9 form how small or seemingly insignificant, can have an impact on an employer’s ability to stay in compliance with the law,” Fay said. “Sometimes, the biggest obstacle is just making your organization aware that a new version exists, particularly for those employers who are still completing the I-9 on paper.” The revisions to the form relate to USCIS’s List of Acceptable Documents and specifically update List C to reflect the most current version of the certification or report of birth issued by the U.S.

Talk To An Immigration Attorney

For example, an employer could not refuse to hire a candidate because his I-9 revealed that he was a non-citizen rather than a U.S. citizen. For this reason some immigration lawyers advise companies to avoid requiring an I-9 until a candidate is hired rather than risk a lawsuit. As another example, a company could not insist that an employee provide a passport rather than, say, a driver’s license and social security ledger account card. Another anti-discrimination provision requires that employers must enforce I-9 compliance in a uniform manner. For example, an employer must not require some employees to complete an I-9 before being hired, but allow others to complete the form after starting employment. The I-9 form, or more properly the Employment Eligibility Verification Form, is provided by the federal government for that purpose.

old version of i-9 form

For example, if an employee begins work on a Monday, Section 2 must be completed by Thursday. It requires the employee to present certain documents that demonstrate their identity and work authorization. The employer must examine the document to determine whether they reasonably appear to be genuine and to relate to the employee.

Where Can I Get A Current Form I

The new I-9 must be used for any new employees hired on or after Sept. 18, 2017. There is no need to complete the new form for any current employees, and employers should continue to follow existing storage and retention rules for all of their previously completed Forms I-9. Employers must not assume that the employee is unauthorized to work just because the individual either could not bring the proof of employment authorization or QuickBooks has brought the unaccepted documents until the start date of the employment. Instead, employers should encourage that employee to bring the acceptable documents which are under the List A, B and C. Employers may terminate the employment only if the employee cannot attest the person’s work authorization by bringing the proof after the start date. First, the employer must give the employee the form as part of the new hire paperwork.

Employers must complete Section 2 of Form I-9 in its entirety within three days of the employee’s date of hire. To complete Section 2, physically examine documents presented by the employee that establish his or her identity and employment authorization. Do not specify which documents from the “Lists of Acceptable Documents” on Form I-9 the employee must present. Employers may reject a document if it does not reasonably appear to be genuine or to relate to the person presenting it. “Besides changing the wording on the form in almost imperceptible ways, the new version renumbers all List C documents except the Social Security card and streamlines the certification process for certain foreign nationals.”

With respect to hiring, firing, recruitment or referral for a fee by employers with four or more employees, employers may not treat individuals differently because they are or are not U.S. citizens or work-authorized individuals. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. However, permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination.

Paylocity will update our onboarding platform, HR, and Payroll to the new form by the April 30, 2020 deadline. Employers who are using paper copies of the Form I-9 may begin using the new form, available on theUSCIS website, if they so choose. The new version of Form I-9 was released on January 31, 2020. Now, once the USCIS publishes the new form, you will be able to download it from the USCIS website. While the information required on the form won’t change, the instructions will.

This new interactive PDF still contains all the “smart I-9” features that were unveiled earlier this year to help employers reduce errors and complete the form more easily. The only changes to this new version are a few minor changes to acceptable documents and other technical changes. Employers must continue following existing storage and retention rules for any previously completed Form I-9.