Currently, every employer that recruits, hires, or refers employees for a fee in the U.S. is required to complete the Form I-9, Employment Eligibility Verification process within three days of a new employee’s hiring. On July 17 the U.S. Citizenship and Immigration Services approved a revised version of Form I-9.
The revised Form I-9 changes the prior form by, among other things, adding Consular Reports of Birth Abroad to the List of Acceptable Documents. Two other clarifications relate to the timing of completion. First, Section 1 of Form I-9 must be completed no later than the first day of employment, as opposed to a previous command that it must be completed “no later than the end of the first day of employment.” Second, persons employed for fewer than three days must present their original I-9 documentation to the employer no later than the first day of employment. The employer must still complete its review of the employee’s employment eligibility documentation within three business days of hiring.
No later than September 18, 2017, all U.S. employers must use the new Form 1-9. Employers may continue using the prior Form I-9 through September 17, 2017 but should prepare to modify their hiring process to include the revised Form I-9. Alternatively, employers may choose to use the new Form I-9 right away. For any existing Form I-9s, employers must continue to comply with the existing separate filing and document retention rules.
The new Form I-9, its instructions, supplements, and translations are available for download here.
For any questions on the new Form I-9 and the I-9 employment eligibility verification process, contact Patrick W. McGovern, Esq., Partner in the firm’s Labor Law Practice Group, at firstname.lastname@example.org, or by phone at 973-535-7129.