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How to Comply with Changing Form I-9 Requirements

Payroll
Article
08/12/2013

Employment Eligibility Verification Form I-9 is a U.S. Citizenship and Immigration Services form required to establish the fact that an employee is eligible to work in the United States. The form also verifies an employee's identity by requiring specific identification documentation. Employers are required to complete a Form I-9 for each employee hired. A number of items come into play when complying with the Form I-9 requirements:

  1. According to the United States Citizenship and Immigration Services, employers are expected to use the recently expired version of the Form I-9 until further notice. The Agency is currently revising the form and will notify the public as soon as the new version is available. If companies need copies of the most recent version of the Form I-9, they can be printed off from the Agency's website at http://www.uscis.gov.
  2. Form I-9 rules require employers to provide employees with the printed instructions for filling out the form. Companies should have employees fill out Section 1 of the form no later than the first day of work for pay, but it may be completed anytime between acceptance of the job offer and the first day of work for pay.
  3. Employers are required to fill out and sign Section 2, Employer Review and Verification. They must do this within three business days of the employee's first paid working day. Company personnel, or an authorized representative, must examine the documentation obtained from the employee and attest that it reasonably appears to be genuine and relates to the employee presenting it. The documents presented must be included on the lists of acceptable documents found on the Form I-9. Employers also need to record the documents' issuing authority, number, expiration date, and title, in addition to the employee's starting date and the expiration date(s) of the applicable documents.
  4. Section 3, Updating and Re-Verification, may need to be completed if and when an employee is rehired within three years of completing a prior Form I-9, or when an employee's work documentation or authorization has expired. Companies are responsible for examining documentation, recording pertinent data as above, listing rehire dates, plus dating and signing the section.

Failure to comply with Form I-9 completion and retention requirements can result in fines and penalties.

This website contains articles posted for informational and educational value. Paychex is not responsible for information contained within any of these materials. Any opinions expressed within materials are not necessarily the opinion of, or supported by, Paychex. The information in these materials should not be considered legal or accounting advice, and it should not substitute for legal, accounting, and other professional advice where the facts and circumstances warrant.
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