Employers Must Use New I-9 Form

Share on LinkedIn Share on Facebook Share on Twitter Share on Google Plus Share this Page

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.

Receive email updates

Never miss an update. Sign up to receive weekly emails with our latest posts.


RSS Feed

Recent Posts

Tag Cloud

See all