Do You Have to Make Another I9 Again

All employers must complete and retain a Class I-ix for each employee at the time of hire. The form is used to verify a new hire'southward identity and piece of work authority. In November 2016, the U.South. Citizenship and Immigration Services (USCIS) released a revised version of the I-9. The new version includes several changes designed to reduce errors and brand it easier for employers to complete it. Beneath we provide answers to some often asked questions about the new I-9.

Q: When must employers begin using the new version of the I-nine?

A: Employers must begin using the new version by January 22, 2017. In the concurrently, employers have the option of using the outgoing version.

Q: How tin I tell which version is the new i?

A: I way is to look at the dates of the forms. The new version is dated 11/xiv/2016 N. The outgoing version is dated 03/08/2013 N.

Q: I empathise that I need to employ the new version for all employees hired on or subsequently January 22, 2017. Are there any other situations in which the new version will demand to be used?

A: Yeah. There are some additional situations in which the new version must be used, including but not limited to:

• When re-verifying an employee on or after Jan 22, 2017 because his or her piece of work authorisation is expiring and an outdated version of the I-nine was used at the time of hire (in such cases, you must complete Department 3 of the new I-nine and attach it to the employee's original I-9).
• If you discover on or afterward Jan 22, 2017 that an I-nine was never completed or it is missing for an employee.

Meet the USCIS's Employer's Handbook for more data.

Q: Do I need to accept all my existing employees consummate the new version of the I-9?

A: No. Employers shouldn't complete a new I-9 for existing employees unless they take sufficient justification (such equally when they must re-verify an employee considering his or her work potency is expiring and the form they used at the time is no longer valid). Without sufficient justification, requiring an existing employee to complete a new I-9 may heighten discrimination concerns.

Q: What if an employer mistakenly uses the old version for a new hire on or after January 22, 2017, are at that place any guidelines to correct information technology?

A: The USCIS has previously issued guidelines for correcting I-9 mistakes. Those guidelines say that if an employer discovers that the wrong version of the I-ix was completed at the time of hire, simply the documentation presented was acceptable under the rules in place at the time, the employer may:

• Staple the outdated completed course to a blank copy of the current version; and
• Sign the current blank version and annotation why the current blank version is attached (such every bit, wrong edition used at fourth dimension of rent).

Q: How long after hiring a new employee do we have to consummate the I-9? Has this timeframe changed?

A: The timeframe remains the same:

• Section 1, which requires the employee to attest that he or she is authorized to piece of work in the U.s., must be completed past the end of the employee's first day of piece of work for pay.
• Section two must be completed by the employer within three business days. For case, if an employee begins work on a Monday, Section 2 must exist completed by Thursday. It requires the employee to nowadays certain documents that demonstrate their identity and work authorization. The employer must examine the document(due south) to determine whether they reasonably appear to exist 18-carat and to chronicle to the employee. The employer must record the document information in Section 2.

Q: Tin can I require new hires to present sure documents from the I-9 form's listing of acceptable documents?

A: No. The employer may not require the employee to present certain documents in order to verify employment eligibility. The employee has the right to choose which documents to present, provided they are on the I-9's List of Acceptable Documents (see the last folio of the form).

Q: Am I required to photocopy an employee'due south I-9 documentation?

A: In general, there is no requirement for employers to make photocopies of the documentation provided by an employee to establish his or her identity and work authority. All the same, if you do retain copies, y'all must practise so consistently for all new hires. Photocopies should be kept with the employee's I-9 form.

Note: If you participate in E-Verify and the employee presents a document used as part of Photo Matching (currently the U.Southward. passport and passport card, Form I-551, and Form I-766), yous must retain a photocopy of the document.

Q: What do I do when an employee's employment authorization expires?

A: To go on to employ an private whose employment authorisation has expired, you will need to re-verify the employee by completing Department 3 of the I-9 form (on or after January 22, 2017, you lot must complete Section iii of the new I-9 and attach it to the employee'southward original I-9). Re-verification must occur no later than the engagement that employment dominance expires. To avoid any breaks in service, you may want to establish a calendar phone call-up system for employees whose employment authorization will expire and provide the employee with at least 90 days' discover.

During the re-verification process, the employee must nowadays a document from either List A or List C that shows either an extension of his or her initial employment authority or new employment dominance. You must review this certificate and, if it reasonably appears to be 18-carat and to relate to the employee, enter the document championship, number, and expiration date (if any) in Section 3 and sign in the appropriate space. Annotation: You lot may not re-verify an expired U.S. passport or passport card, an Alien Registration Receipt Card/Permanent Resident Carte du jour (Form I-551), or a Listing B document that has expired.

Q: How long must I retain I-9s?

A: Employers must retain I-9 forms for at least 3 years, or for one year following the employee's separation from the company, whichever is later. It is a best practice to store all I-9 forms together in 1 file since they must exist produced promptly post-obit an official government request.

Conclusion:

Brand certain y'all use the new version of the I-9 by Jan 22, 2017, and complete and retain the grade in accordance with the law.

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Source: https://sbshrs.adpinfo.com/blog/new-i-9-form-required-what-you-need-to-know

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