This article has been published in our December 2007 Newsletter

Under federal law, all employers must verify the identity and employment eligibility of each person hired or re-hired, and must complete and retain a Form I-9 for each employee. In addition, if an employee provides an employment eligibility document that expires, the Form I-9 must be reverified at a later date. At the same time, employers must not discriminate against individuals on the basis of national origin or citizenship while recruiting, hiring, and completing the I-9. Forms I-9 must be retained for three years after the date the person begins work, or one year after the person’s employment is terminated, whichever is later. Note that employers do NOT need to complete a new Form I-9 for all current employees, but WILL need to use the new Form I-9 for new employees and for current employees requiring reverification. USCIS has updated the Handbook for Employers, Instructions for Completing the Form I-9 (M-274).

The handbook is available online here. It provides full details of policies and procedures for completion and reverification of the Form I-9; guidance on avoiding discrimination; FAQs; the updated Form I-9; and the updated list of acceptable “List A, B, and C” documents used for completing the Form I-9. Now is the time to ensure that your I-9 system and procedures are up-to-date and in compliance with all federal regulations.

by Paul Bertoni