New Form I-9 Effective September 2017

Weekly HR News - Hiring

New Form I-9 Effective September 2017

The U.S. Citizenship and Immigration Services (USCIS) has released a new version of the I-9 Employment Eligibility Verification. The new form is dated 07/17/17 in the lower left corner, and it replaces a version dated 11/14/2016. Employers may use either form through September 17, 2017, but beginning on Sept. 18, 2017, the new version of the form must be used for any new hires.

The USCIS states the changes to the form are as follows:

Revisions to the Form I-9 Instructions:

• The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been changed to its new name, Immigrant and Employee Rights Section.
• The words “the end of” have been removed from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

• The Consular Report of Birth Abroad (Form FS-240) has been added to List C.
• All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) have been combined into selection C#2 in List C.
• All List C documents except the Social Security card have been renumbered.

The USCIS has also issued a revised Handbook for Employers (M-274) that contains the most current information on completing the I-9.  Note that ALL employers, including cities, are required to fill out an I-9 form on all new hires. 

This form is used to verify the employee’s identity and their ability to work in the United States and should be filled out on the first day of employment with the city.  Penalties for not filling out this form, or from filling it out improperly can cost the city thousands of dollars. 

Also, keep in mind that if you are going to keep paper copies, it is a good practice to have one file with all employee I-9s within that file in alphabetical order. This is to be sure that you can easily comply with the three-day requirement to turn over these documents if requested by the Department of Labor or Department of Justice.  Another reason for this practice, is that the information on these forms is confidential and would never be subject to an open records request.  Having them outside of the personnel file, and in a locked cabinet, ensures that they will remain confidential. 

Retention of these records will be at least as long as the employee works for the city.  Once the employee has left city employment you are required to keep them three years from the date of hire or one year from the date of termination whichever is longer.  The USCIS website can assist in calculating the required retention of each form. 

For questions about this or any other employment related matters, contact personnel service specialist, Andrea Shindlebower Main.