The Department of Homeland Security U.S. Citizenship and Immigration Services (USCIS) issued a new 9-page Form I-9 on March 18, 2013. Effective May 7, 2013, employers must use the new form to document the eligibility for employment of new hires. Section 1, Employee Information and Attestation, of the new Form I-9 must be completed on the first day of employment. The new form is available from the USCIS website: http://www.uscis.gov/I-9Central. An updated "Handbook for Employers - Guidance for Completing I-9" was issued at the same time and is also available from USCIS. Employers may also contact USCIS at 1-800-870-3676 to obtain forms.

Review I-9 Process
Now, with the new form in hand, is a good time for employers to review their employment verification process and record keeping. Incomplete forms and missing data are not tolerated. Since the employment eligibility verification process is very specific, it is wise to have a designated person who is knowledgeable of the process to document the eligibility of all new hires and manage reverification when presented documents expire.

Storing I-9 Forms
Completed I-9 Forms must be retained for 3 years from the date of employment or 1 year from the date of termination of an employee, whichever date is later. It is a good practice to keep all I-9’s filed together with active employees’ forms in one file and terminated employees’ forms in another. It is recommended that I-9 forms be kept separately from other personnel records to facilitate providing the forms for inspection if required. Forms must be provided for inspection within three days of the request by a government official. Since the forms contain personal information about employees they should be stored in a manner that safeguards employees’ personal information. It is wise to purge your files of any forms whose requirement for keeping on file has expired. A monthly check of the terminated employees’ forms file can quite simply accomplish this task.

If an employer chooses to make photocopies of verification documents, which is not required by USCIS, they must be attached to the I-9 and filed with it
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Reverification Required When Presented Documents Expire

Employers are responsible for reverification of employment eligibility when any of the documents provided for verification at employment expire. In Section 2 of the form, Employer or Authorized Representative Review and Verification, expiration dates for all forms used to verify employment eligibility must be noted. It is wise to develop a reminder system for meeting reverification requirements. Perhaps a folder or notebook with monthly tabs for active employee forms and filing I-9’s according to date of expiration of documentation could help to both organize documents and provide a reminder of which employees must be reverified each month.

When reverifying employment eligibility the page from the new form (with Form I-9 03/08/2103 N in the lower right hand corner of the page) must be used and attached to any original I-9 on file for that employee. A whole new form is not required, just the updated Section 3, Reverification and Rehires.

I-9 Penalties
Civil fines for failing to comply with I-9 requirements range from a minimum of $110 per form to a maximum of $1,100 per form with more severe penalties imposed when there is a pattern or practice of violation.

Summary
Employment verification is serious business and requires an accurate process, an efficient and effective filing system and attention to the documentation and record keeping details. Designate an individual with the skills and knowledge required to develop and maintain a process for keeping your business in compliance with Form I-9 requirements. For detailed information about the requirements straight from the source, check I-9 Central on the Department of Homeland Security’s U.S. Citizenship and Immigration Service web site: http://www.uscis.gov/I-9Central or call 1-888-464-4218 to speak with a representative from the service.