In the world of HR, compliance requirements change all the time. New policies get implemented, new procedures need followed, new forms get developed, new training/education is now required. Change happens all the time. Are you able to keep up?
A revised Form I9 just came out on Monday, November 21, 2016. You can use the previous version or new version through close of business of January 21, 2017. However, effective January 22, 2017, you will need to use this NEW form. Click here
This form does not include huge changes. The biggest difference is that this new form is now a fillable form. The employee can complete the form electronically and if they do this electronically the form will catch errors as the employee completes the form. I realize not all employers have the ability to have employees fill out their forms electronically so the paper/pen method will still do. Employers may not see the benefits of using the new form if you continue to use the paper forms. As always…careful monitoring (by a compliance manager) to ensure these forms are correct, will still be needed.
The Form I9 itself is still 2 pages. The form still consists of three (3) sections. The list of documents you need to examine remains the same. On the form, an employee must attest to his or her employment authorization. The employee must present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and certify document(s) an employee presents to determine whether the document(s) appear to be genuine and relate to the employee. The employer then records the documents on the Form I9. Although many procedures remain the same, the Form I9 has changed in the following ways:
- The nine (9) page instruction document for employers is now fifteen (15) pages with the new form. This needs to be made available to employees upon their completion of the form.
- In Section 1 – the employee needs to fill in each field in Section 1 on their first day of employment. The SS# field is the only field that is not required unless the Company is using E-Verify. Employee must write “N/A” in all fields that are not applicable.
- List “other last names” is now a new field required under Section 1.
- With the new form the employee can list a PO Box on this form. If employee doesn’t have an apartment number, this box should be marked with “N/A”.
- As of January 22, 2017 and moving forward employers are to use this new form. It’s OK to keep the older versions on file, prior to January 22, 2017.
- It is still not advised to tell employee(s) what documents are accepted. It is better to simply provide the list of documents and let the employee choose which they wish to present to identify their employment eligibility.
- With the fillable form the helper text and drop down boxes make it user friendly to complete the form without error.
A blank Form I-9 may be reproduced, provided all sides are copied. The instructions and Lists of Acceptable Documents must be available to all employees who complete the form.
Employers must retain each employee’s completed Form I-9 for as long as the individual works for the employer. These should be maintained in a safe and locked area, not in the employee’s personnel folders. Employers are required to retain the pages of the form on which the employee and employer enter data.
Once the individual’s employment ends, the employer must retain this form for either three years after the date of hire or one year after the date employment ended, whichever is later. Violations of this federal law result in penalties for an employer. Managers who are responsible for overseeing the completion of Form I-9’s are strongly encouraged to know how the form is to be completed and retained. If you would like additional guidance on your Form I9 completion or would like HR On-Call, LLC to conduct an internal audit, contact Susan Arnold at HR On-Call, LLC at 515-401-2233.
A little more about us:
Susan Arnold, owner and lead HR Consultant at HR On-Call, LLC. Susan has 20+ years of HR experience and provides a HR presence to business organizations without the overhead expense of a full-time employee. Susan helps business owners improve employer/employee relationships and allows them to focus on their business while resting assured that they are in full compliance with state and federal law.
Areas of expertise:
- Reduce Employer Risk and Liability
- Customized Employee Handbooks
- Performance Reviews
- Improve Employee/Employer Relationships
- Background Checks
- Personality Assessments
- Guaranteed EEO Compliance
- Employee Retention
- Recruitment / Hiring
- Employee Discipline/Discharge
Susan is passionate about her customers and listens to their needs. If you are interested in any of the details above or would like more information about her services, please contact Susan!