Bass Berry & Sims Labor Talk

Employers Should Begin Using the New Form I-9 “Right Away”

Posted in Employment Agreements/Non-Compete Policies and Practice

The United States Citizenship and Immigration Services (USCIS) recently published a revised Employment Eligibility Verification form (Form I-9). The USCIS website has instructed employers to begin using the new form “right away.” However, the currently approved forms dated February 2, 2009 and August 7, 2009 will be deemed acceptable until May 7, 2013. After May 7, 2013, only the new form dated March 8, 2013 will be acceptable.

All employers must verify the identity and work authorization of each new employee (citizens and noncitizens) hired to work in the United States after November 6, 1986 using the Form I-9. For those employees whose work authorization expires on a certain date, employers are required to re-verify the work authorization on or before the expiration date provided. Employers are also responsible for retaining the Form I-9s either for three years after the date of hire or for one year after employment is terminated, whichever is later. Failure to complete a Form I-9 for each new hire may result in fines for the employer.