All employers have a legal obligation to verify the identity and employment eligibility of all employees by having all new hires complete the Employment Eligibility and Verification Form I-9.
Now, employers will have to use a newly designed form beginning Jan. 21. After that date, all previous versions of the form will be invalid.
Many of the changes to the I-9 reduce technical errors and help employers electronically complete the form after they have downloaded it from uscis.gov.
The I-9 records relevant data from documents that the employer must inspect to verify the employee's authorization to work in the United States. Both the employer and the employee must sign the form.
Employers are required to maintain the original I-9 for inspection for all current employees. For former employees, retention of an I-9 is required for three years from the date of hire or one year after the employment relationship terminates, whichever is longer. While it is important that the employer identify the reviewed documents and their identification numbers, it is not necessary to retain copies of these documents.
The U.S. Department of Labor and the Department of Homeland Security through its U.S. Immigration and Customs Enforcement Bureau (ICE) are the government agencies with authority to audit I-9 compliance. ICE is increasing worksite inspections to document that all I-9 forms are completed, particularly in low skill and high turnover industries.
Employers should make sure that all policies and protocols related to government compliance are current and understood by key employees. They should regularly audit their I-9 procedures, compliance and recordkeeping on a regular basis and establish a protocol for those who answer phones to route government I-9 inquiries to the appropriate staff.
— Joel Pfeffer, Meyer, Unkovic & Scott, jp@muslaw.com
Business Workshop is a feature from local experts offering updates on matters affecting business. To contribute, contact Business editor Teresa Lindeman at tlindeman@post-gazette.com.
First Published: January 10, 2017, 5:48 a.m.