Generally, employers must have a completed Form I-9, Employment Eligibility Verification, on file for each person on their payroll. Currently, Form I-9 is dated 03/08/13 N and printed with an expiration date of March 31, 2016. Until now, the USCIS has instructed employers to continue using the 03/08/13 N Form I-9 while a new “smart” Form I-9 was in development. This week, the USCIS announced that it will publish the revised Form I-9 by November 22, 2016. Employers can begin using the new Form I-9 as soon as it releases, but may continue using the old Form I-9 through January 21, 2017. By January 22, 2017, however, all employers must begin using the revised Form I-9.
The new “smart” Form I-9 is expected to include guided features, such as drop-down menus, hover text and real-time error notifications, buttons that will allow users to access the instructions electronically, print the form, and clear the form to start over, and content upgrades designed to enhance the form’s accuracy and completeness. The smart form will also automatically generate a “QR Code” once the form is printed that can be used to streamline audit processes.
In making the transition, the USCIS reminds employers that they are responsible for retaining and storing previously completed Forms I-9 for existing and former employees. The USCIS provides storage guidelines for employers:
Retaining Form I-9
Employers must keep completed Forms I-9 for a certain amount of time after their employees stop working for them. The form must be retained three years from the date of hire or one year from the date the employment was terminated, whichever is later.
Storing the Form I-9
The form should be stored in a manner that fits business needs, makes the form available for inspection, and protects the personal information of the former employee. Options include:
- On-site or at an off-site storage facility
- With personnel records or separate from personnel records
- In a single format or a combination of formats
- Paper
- microfilm or microfiche
- electronic
Inspection
Employers must be able to present Forms I-9 to government inspectors within three days of the date on which the forms were requested. The employer must be prepared to retrieve and reproduce electronically stored Forms I-9 and any other documents the officer requests and provide the officer with the necessary hardware and software to inspect electronic documents. More information about completing and storing Form I-9 is available on the USCIS website.
Fines
Finally, employers are cautioned that Form I-9 paperwork violations increased this summer by 96%, from $110-$1,100 per violation to $216-$2,156 per violation. Compliance Poster Company will have the new Form I-9 available from its Free Labor Law Posters webpage when it releases later this month. Check it out!