U.S. Citizenship and Immigration Services (USCIS) announced that until further notice employers should continue to use the existing Form I-9 for employment eligibility verification. The current version of the form will remain effective even after the August 31, 2019 expiration date. KLC will provide updated information about the new version of Form I-9 as it becomes available from the USCIS.
Employers must complete a Form I‐9 for every employee hired after November 6, 1986. The Form I-9 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 completing this form or for improper completion can cost the city thousands of dollars.
If the city maintains paper copies, it is a good practice to have one file with all employee I-9s within that file in alphabetical order. This ensures 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, 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 the employer is required to keep them three years from the date of hire or one year from the date of termination, whichever is longer.
For additional questions regarding this or other personnel-related matters, contact Andrea Shindlebower Main, Personnel Service Manager or Courtney Risk Straw, Personnel Services Attorney.