07/ 02/ 2008
by the NFIB Legal Foundation
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Form I-9, Employment Eligibility Verification |
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Revised Handbook for Employers |
Form update required for all businesses
The U.S. Citizenship and Immigration Services issued a new Form I-9 to verify employees' eligibility for employment. Employers must begin using the new form immediately. Previous versions of Form I-9, in English or Spanish, are no longer valid. Employers who are still using the old forms after this date will be subject to applicable penalties and fines.
The revised form reduces the number of documents employers can accept to verify employment eligibility. The government eliminated five documents (listed below) because they lacked security features necessary to deter counterfeiting, tampering and fraud.
What you need to know
Who must complete a Form I-9?
The federal government requires all employers to complete a Form I-9 for every employee within the first three days of employment and to retain that form for either one year after termination of employment or three years, whichever is longer. There is no small business exemption for the Form I-9.
Do I need to complete the new Form I-9 for all my employees?
The new form only applies to future hires and re-verification. Employers should not have current employees fill out the new form I-9 unless re-verification is required.
What changes were made?
The new Form I-9 eliminated five documents that employees can present to establish identity and employment eligibility under Part A. Employers may no longer accept the following five documents:
- Certificate of U.S. Citizenship (Form N-560 or N-561)
- Certificate of Naturalization (Form N-550 or N-570)
- Alien Registration Receipt Card (I-151)
- Unexpired Reentry Permit (Form I-327)
- Unexpired Refugee Travel Document (Form I-571)
In addition, employees no longer must provide a Social Security number unless they are employed by an employer who participates in E-Verify.
Is a Spanish version available?
The new Form I-9 is available in English and Spanish. Only employers in Puerto Rico may have employees complete the Spanish version. Employers in the 50 states may use the Spanish version as a translation guide for Spanish-speaking employees. However, employers must complete the English version and keep it in their records. Employees may also use a translator to assist them in completing the form.
NFIB members with additional questions can contact the NFIB Employment Law Hotline. For information on the hotline, please call 800-NFIB-NOW (800-634-2669) or visit www.nfiblegal.com.
