Latest I-9 released
September 3, 2009 by Jim GiulianoPosted in: Employment law, In this week's e-newsletter, Latest News & Views
U.S. Citizenship and Immigration Services has released the updated version of the Form I-9, Employment Eligibility Verification.
If you want to be sure you’re using the latest version, make sure it’s dated August 7, 2009. The form will expire August 31, 2012.
A few reminders on using the I-9:
- You can use Form I-9 with the revision date of either August 7, 2009, or February 2, 2009, for all new hires or re-verifications. The two are essentially the same.
- Even though there’s a new version, you do not need to complete new forms for existing employees for whom an I-9 has been properly completed.
- All documents presented during the verification process must be unexpired and employers can require only documents specified under the law. In other words, requiring “special” extraordinary documentation from some employees would leave you open to civil and criminal penalties.
The new form and instructions are available at the USCIS Web site.
September 3rd, 2009 at 7:34 am
Although it is acceptable to use either version of the form because the form did not change only the revision date and expiration date changed, I would encourage employers to discard any blank copies of the expired form and use only the most current version. Employers should consider it a “best practice” to always use the most current version of the form for all new hires.
I did a 3rd party audit this week of a company that had purchased a package of I-9s from an HR supply company when they opened their doors 10 years ago. They were not aware the form had been updated several times and were continuing to use the expired forms with the expired list of acceptable documents for all new hires. They were miserably non-compliant without realizing it!
I also think it sets a bad precedent; some employers may get the impression since this expired form is okay to use than any expired I-9 is okay to use. It’s such a complex matter to begin with why make it harder than it has to be. Discard blank copies of the expired version of the form and replace it with the most current version for any new hire. It’s a simple step that could end up saving an employer a costly mistake in the future.
http://www.I-9Okay.com has a great free Tip report for employers about the I-9.
September 3rd, 2009 at 10:33 am
Is anyone else having trouble downloading the new form? I keep getting a ‘bad encrypt dictionary’ message.
September 3rd, 2009 at 12:00 pm
I am having the same problem as Melody. Has anyone been able to download it successfully? If so, can you email me a copy. kyankee@futren.com
Thanks
Karen
September 3rd, 2009 at 1:48 pm
I just checked and the link to the form is working from http://www.I-9Okay.com. On the home page scroll down the right hand column and click on Form I-9. It is a link to the PDF of the current form.
September 8th, 2009 at 12:19 pm
I just downloaded and printed it without any problems.
September 8th, 2009 at 4:41 pm
only unexpired documents are acceptable but what about US passports? Are expired ones still okay?
September 9th, 2009 at 7:34 am
Shelly,
You cannot use expired passports…the new I-9 regs require that ALL documents be unexpired…this happened as of April 09, I believe. I had to do a whole review of the new form, regulations, and procedures, so I know this for a fact, lol! So absolutely no expired documents at all…
I just want to add that “they” really don’t make compliance easy….
September 9th, 2009 at 7:58 am
We use I-9 for employment, so we want to pay them. If we pay we have to have tax ID. What on earth the I-9 says” social security number is optional”?
September 10th, 2009 at 9:44 am
ANN: Same here, What on earth? In my entire career as anything, I have NEVER seen SS# as an option, it’s usually a requirement!
September 10th, 2009 at 12:13 pm
Stacy and Ann;
You cannot require an employee to put his/her SS# on the I-9 and you cannot ask to see a SS card for I-9 purposes. A person has several options to prove work eligibility, the SS card just happens to be the most common one that is used. An employee may choose any document from the list of acceptable documents for I-9 purposes. It is one of those “weird” I-9 rules that get employers in trouble when they think are compliant. In my business I often get the comment “its one page, how hard can it be” – well I think now we have the answer!
TLee is correct, an employer may no longer accept expired documents at the time the I-9 is completed. In most instances, an employer does not have to re-verify identity documents that expire while a person is employed but in most cases (there are a few exceptions) an employer must re-verify work authorization documents that expire while someone is still employed.
September 11th, 2009 at 1:04 pm
Stacy and Ann,
I think it mentions the “SS# not required” rule in the I-9 Handbook for employers. I find the handbook to be a little confusing in some areas, but the best information (in my opinion) is the question and answer section, and the examples of acceptable documents.
Now, I think the only time a SS# is required is if you are using E-Verify, but I’m not too familiar with that process, so I could be wrong….I try NOT to look at I-9 regs if I don’t have to, it just hurts my feelings, lol.
September 11th, 2009 at 1:05 pm
FYI
http://www.uscis.gov/files/nativedocuments/m-274.pdf
September 16th, 2009 at 7:12 am
In an effort to explain the Paperwork Reduction Act, they have added an extra page to the new I-9 Form…..go figure.
September 17th, 2009 at 10:01 am
still getting the bad encrypt…anyone still having an issue?
January 5th, 2010 at 3:14 pm
In most instances, an employer does not have to re-verify identity documents that expire while a person is employed but in most cases (there are a few exceptions) an employer must re-verify work authorization documents that expire while someone is still employed. Does this mean that we have to fill out a new I-9 if the old form is dated before the August, 2009 form? I am calling people in to bring their new work authorization documents and need to know this.