Employers Must Use New I-9 Form

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Beginning May 7, 2013, employers must use the revised Employment Eligibility Verification I-9 Form (Rev. 03/08/13)N for all new-hires and reverifications. Previously accepted revisions (Rev.02/02/09)N and (Rev. 08/07/09)Y may not be used as of May 7, 2013. 

The I-9 Form is required to verify the identity and employment authorization of individuals hired for employment in the United States and the new I-9 Form contains many improvements including new fields, reformatting, and clearer instructions. Though the actual USCIS requirement for retaining I-9 forms is to retain original forms for "three years after the date of hire, or one year after the date employment ends, whichever is later," employers must have a completed I-9 Form on file for every person in their organization and should keep these forms on file for an employee's entire length of employment and for a certain amount of time after their employees stop working at the organization as a best practice.

Based on frequently asked questions from employers regarding the new I-9 Form, ERC is providing some guidance regarding the new form:

  • The new I-9 form should only be used for new-hires hired on or after May 7, 2013, unless your organization began using the form when it was initially released in March.
  • Every employee does not need to complete a new I-9 Form. Simply retain the old I-9 Forms of your existing employees. 
  • For audit purposes, employees do not need an I-9 Form on file if they were hired before November 6, 1986. 
  • Keep all current employees' I-9 Forms in one folder separate from employees' personnel files. 
  • You may make copies of documentation to support the I-9 Form, but you must make copies consistently.
  • Access the I-9 Central for guidance regarding using the I-9 Form and to learn what's new, how to complete and correct the form, acceptable documentation, and record retention.
  • Review the updated Handbook for Employers to complete the new I-9 Form.

For other questions about the I-9 Form, ERC members may contact hrhelp@yourERC.com.

Download the New I-9 Form

Source: USCIS

Please note that by providing you with research information that may be contained in this article, ERC is not providing a qualified legal opinion. As such, research information that ERC provides to its members should not be relied upon or considered a substitute for legal advice. The information that we provide is for general employer use and not necessarily for individual application.