As of January 22, 2017, employers must begin using the most recent revised version of the Form I-9 (Employment Eligibility Verification Form). You can find it here. The edition date of the latest version is 11/14/2016 and will be the only accepted version; all previous versions will become invalid after January 21, 2017. You can locate the edition date on the bottom left hand corner of the form itself. The current version has an expiration date of August 31st, 2019.
Form I-9 is explained by U.S. Citizenship and Immigration Services (USCIS) as follows: “Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.” Employers are required to retain on record a completed Form I-9 for each individual employed for a minimum of three years from time of hire, or one year after employment termination, whichever milestone occurs later.
The revised version is aimed to reduce errors and now includes more thorough instructions as to how to answer questions and fill out the required information. In addition to the embedded instructions, employers and employees can also reference the updated Instructions for Form I-9 (which is now separate from the form itself) for additional guidance. (View the Spanish version of the Instructions for Form I-9 here)
Some important points to note:
- Although the form is able to be filled out on the computer, it cannot be electronically signed in all states. The form must be filled out (and then printed, if using a computer) and signed and dated by hand in all sections in which a signature is required in order to be valid in the state of California.
“The Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may print this for their reference, but may only complete the form in English to meet employment eligibility verification requirements” (USCIS). The Spanish Form I-9 may be downloaded here.
To find out more information regarding Form I-9, please click the link to visit the website for the U.S. Citizenship and Immigration Services (USCIS): https://www.uscis.gov/i-9
To see a list of revisions to the current form, view the following article on the SHRM website: here
You can also find the Form I-9, as well as other forms, by navigating above to Resources >> Forms >> Federal Forms>> then selecting Form I-9 from the available list.
- (2016). I-9, (Employment Eligibility Verification). U.S. Citizenship and Immigration Services. https://www.uscis.gov/i-9
- Cecchettini Whaley, G. (2017). Don’t Forget to Use the New Form I-9. HRWatchdog. http://hrwatchdog.calchamber.com/2017/01/use-new-form-i9/print
- Maurer, R. (2016). Current Form I-9 Valid Until Jan. 21, 2017. Society For Human Resource Management. https://www.shrm.org/resourcesandtools/hr-topics/talent-acquisition/pages/current-form-i9-valid-jan-21-2017.aspx
Disclaimer: These materials are provided for informational purposes only and are not intended as legal or tax advice. Readers of the IBS Blog should contact their legal or tax professionals to discuss how these matters relate to their individual circumstances.