USCIS began requiring employers to use the new I-9 form on May 7, 2013. Use of an outdated form is a violation of federal regulations. If your company used the old I-9 form after May 7th, you can correct that mistake by either executing a new I-9 using the proper form or by attaching an acknowledgement and explanation as to why the error occurred.
Here are some other things employers need to know:
- Employees must be provided the full set of instructions (for both the employee and employer portions) when completing the I-9. The employer may not summarize or provide a condensed version of the instructions.
- Although the form does not say so explicitly, two fields in Section 1 are optional – the employee’s telephone number and email address.
- Leaving fields blank is disfavored. The better practice is to write N/A in the appropriate field when the answer is Not Applicable.
- Section 1 allows use of an electronic I-94 record for nonimmigrant employees and staff needs to know how to properly record information about the new I-94 record and foreign passport.
- If the employee has documents that are expiring and need to be reverified, the employer may not use Section 3 of an outdated form to record the reverification of the updated documents. The new, valid I-9 form must be used. At the same time, for a returning employee who is eligible for rehire on the original documents, the old I-9 may be used if the employee is returning within 3 years of the original hire and the I-9 documents are still valid.
- Finally, remember that the employer has a 3 business day window to complete Section 2 of the I-9. If the business is closed on the weekend, the 3 business days does not include weekends. If the business is open on the weekend, Saturday and Sunday count as well.
If you find the new I-9 regulations confusing and would like to discuss it, please call Adela at (314) 961-8200 to set up a time to discuss your company’s concerns with me.