Wednesday, April 4, 2012

Changes Ahead for the Form I-9?

Last week,  U.S. Citizenship and Immigration Services published proposed revisions to Form I-9 in the Federal Register (go to this link and click on PDF image). The proposed form includes more detailed instructions and greater clarity about what information is required in the various fields. The most notable change is that the proposed form is two pages instead of one. In addition, the draft form includes several modifications and additions worth noting, including:
  • “Time of hire” is redefined as “no later than the first day of work for pay.”
  • Clear instructions to employers about how to handle receipts for acceptable List A, B, and documents and how to re-verify employees.
  • New fields request optional information including the employee’s phone number and email address.
  • Changes to the employer attestation (1) requiring the employer to confirm that  it examined the employee’s documents and determined they are genuine and relate to the employee and (2) requiring a statement that, to the employer’s knowledge, the employee is authorized to work in the U.S.
  • Minimal changes to the list of acceptable documents, including a clarification that restricted Social Security cards are not acceptable.
The draft form is not yet effective and likely won’t be approved until sometime after the public comment period ends on May 29, 2012. Until then, employers should continue to use the most current version of the I-9, which has a revised date of August 7, 2009.

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