New Employee? Use the New I-9 Form

It is quite likely that you missed the fact that USCIS (U.S. Citizenship and Immigration Services) issued a new Form I-9 with a requirement for use by employers beginning on May 9, 2013. My use of "Form I-9" was not a typo. That's the way USCIS refers to the document that most employers call the I-9. The semantics are not important. But it is important that the form currently in use read "USCIS Form I-9 OMB No 1615-0047 Expires 03/31/2016" in the top right-hand corner.

Do I have to get everyone to fill out a new I-9?

No, the I-9 is completed at the time a new employee begins work. When the correct form is used employers do not have to call employees in to complete another form with every USCIS update. There is no regular schedule but the forms seem to be updated every few years. I-9 completion became an employer requirement in 1986 with the enactment of federal immigration reform. Even if you have only 1 employee, you are required to complete and properly retain I-9 forms, they are not required for contractors.

I'm swamped, can I just fill the form out next week?

The I-9 places the burden on employers to check for documentation that individuals have the legal right to work in the U.S. And no, you can't wait a week to complete the form. There are two pages to the new form; one completed by the employee and one to be filled in by the employer. The employee page must be completed and signed no later than the first day of employment, but never before an employee accepts a job offer. I have seen employers staple an I-9 to be filled out with an application for employment, not a good idea. This could raise red flags about discrimination by weeding candidates out who are not U.S. Citizens.  Employers must complete their portion before the end of the third business day after the date of hire. So if Susan accepts a job on May 10th, to begin working on May 21st, you can give her the I-9 to be brought back on her first day of work and you need to finish up the form no later than the end of the day on May 23rd.

Oh no, not a longer form!

The new I-9 resulted in a dust storm of negative comments in HR and some small business forums mostly about the expansion of the previous one page form to two. I actually think the new form is clearer and easier for employers. It looks daunting when you see it's 9 pages but the actually "fill-in" part is only two pages. Pages 1 through 6 are instructions, page 7 is the employee page and page 8 is the employer section. Page 9 is a list of acceptable documents as was included in the previous form. The instructions are pretty clear and the content is similar the the old form with a few clarifications and additions.

The new form has boxes for an employee to include an email and phone number. These are optional as is the social security number, unless the employer participates in E-Verify, an Internet based system that compares information provided to Homeland Security and Social Security databases. The lines for indicating U.S. citizen/resident status are bigger and more prominent, an improvement over the old box where I often found employees checked more than one option. The employer's page is also now more spread out. I particularly like the single line where the employee's first day of work is included. On previous forms this was smack in the middle of a paragraph of text and often skipped.

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Will one little mistake cost me after I send the form in?

First off employers do not send the forms anywhere. They are retained for current employees and for a time after someone leaves. The guidelines for storage and updating I-9s if an employee's work visa expired can be complicated. USCIS provides a comprehensive Handbook for Employers that even includes samples of the kinds of documents employees can produce to prove eligibility to work. And paperwork violations can result in fines ranging from $110 to $1,100 for each mistake. While I-9 audits by the government are not common the number is sharply rising. There were just 3 done in 2004 a number that jumped to 500 in 2008 and was up to more than 3,000 in 2012. Audits are typically triggered by a disgruntled employee who calls Homeland Security to report, "Gino is not working here legally." Auditors also target companies connected power plants, food service, airports and anything that might be connected with homeland security.

So there is no need to hire a new clerk to keep up with the I-9 form update. If there are some weaknesses in the process it will take some work to identify the problems update procedures and correct existing forms. Reading the instructions and using the new I-9 is a great start. Check back here for more details with hints and tips for avoiding the fines and disruption that can result from an audit.

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