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The New I-9s

The New I-9s

With limited exceptions, every employee in the United States must have their immigration employment eligibility verified by an employer upon employment. The U.S. Citizenship and Immigration Services (USCIS) recently published a new version of its Employment Eligibility Verification form (Form I-9), which must be used beginning on November 1, 2023.

The employee, at any time after accepting a job offer and the first day of employment, must complete and sign Section 1 of the Form I-9. The employer or authorized representative must complete and sign Section 2 of the Form I-9 within three business days after the employee’s first day of employment and must examine as required by the law, documentation of employment eligibility. The type of documentation is very specific, and the employer must examine the exact type of documents required under the law. If the employee’s status requires reverification because their work authorization expires, is rehired within three years of the date the original Form I-9 was completed or provides proof of a legal name change, then Supplement B (formerly Section 3) must be completed.

The individual or business that is contracting with the independent contractor is not required to complete Form I-9 for the contractor. However, independent contractors working in the United States also have to have their immigration employment eligibility verified unless they are employed by a contractor providing contract services. Federal law prohibits individuals or business from contracting with an independent contractor knowing that the independent contractor is not authorized to work in the United States.

If you want to remotely examine your employee’s documents, rather than doing so in-person, you must participate in E-Verify and be in good standing. If you choose to use the E-Verify system, you must make certain that you are using it consistently with all employees at that site. You can choose to use the E-Verify for all remote hires and then in-person examination for onsite and hybrid works. However, you have to be consistent with how you are using the E-Verify system, and not discriminate against someone because of their status or suspected status.

The I-9s are subject to inspection by three different federal government entities: the Department of Homeland Security, the Department of Justice and the Department of Labor. As a result, it is advised that the employer keep Form I-9 separate from personnel records to facilitate an inspection request. If the employer chooses to store the Form I-9 on microfilm, microfiche or electronically, please note that federal law has several requirements that an employer must follow. It is important to know that you must present Form I-9 to government officials for inspection within 3 business days of the date when the forms were requested.

Spangler and de Stefano, PLLP represents businesses regarding employment laws, including compliance with Form I-9.

The material contained herein is for informational purposes only, and is not intended to create or constitute an attorney-client relationship between Spangler and de Stefano, PLLP and the reader. The information contained herein is not offered as legal advice and should not be construed as legal advice.