Editorial · May 22, 2013
Form I-9 new hires: a simple checklist for employers
Form I-9 new hires come with two deadlines. The employee completes Section 1 by the first day of work, and you complete Section 2 within three business days of that day. Use the edition dated 03/08/13 N, because employers may no longer use older editions as of May 7, 2013.
Every U.S. employer must complete the form for each person it hires, citizens included. There is no fee for the form.
Start with the right edition
USCIS published a revised Form I-9 on March 8, 2013. Its edition date, 03/08/13 N, is printed at the bottom of the form. The older editions, 02/02/09 N and 08/07/09 Y, can no longer be used as of May 7, 2013. USCIS published a correction on April 9, 2013, to make clear the change starts on May 7 itself, not after it. Employers who fail to use the new edition from that date on may face penalties.
The new form adds fields for the employee's phone number, e-mail address and foreign passport details. It now runs two pages before the document lists, and USCIS says the instructions are clearer. The phone and e-mail lines are optional.
Do not redo forms for current staff. USCIS said employers do not need the new form for current employees who already have a properly completed one on file. The exception is a worker whose permission to work expires and must be checked again.
Step 1: the employee completes Section 1
Give the new hire the form and its instructions. Do not ask anyone to fill it out before the person accepts your job offer, and do not use it to screen applicants. The employee must finish and sign Section 1 no later than the first day of work.
Section 1 asks for the employee's legal name, other names used, home address and date of birth. A P.O. box is not allowed. A Social Security number is optional unless you use E-Verify, a free and voluntary program. The employee then checks one of four boxes for citizenship or immigration status and signs under penalty of perjury.
Review the section before you move on. USCIS's Handbook for Employers says you are responsible for making sure the employee completes Section 1 fully and properly. An employee who needs help can use a preparer or translator, who must complete the certification block.
Step 2: you complete Section 2 in three business days
The clock starts on the employee's first day of work. If a person starts on Monday, Section 2 is due by Thursday. For a job that lasts fewer than three business days, finish Section 2 by the first day. You may complete it early, but only after the person has accepted the job.
Generally, only original, unexpired documents count. The employee chooses which ones to show. One List A document proves both identity and permission to work, such as a U.S. passport or a permanent resident card. Or the employee can show two documents. A List B document proves identity, such as a driver's license. A List C document proves permission to work, such as a Social Security card with no work restriction. You may not name the documents you want to see. If you use E-Verify, the List B document must have a photo.
Examine each document in person. It must reasonably appear to be genuine and to relate to the person presenting it. The same person who examines the documents must sign Section 2, and the employee must be there during the examination.
Write down each document's title, issuing authority, number and expiration date. Then add the employee's first day of work. Sign and date Section 2 with your name and title, and fill in the business name and address. Return the originals.
If you do not use E-Verify, copies are optional. If you copy one employee's documents, copy every employee's and keep the copies with the form. A copy never replaces Section 2. If an employee cannot produce the documents, or an acceptable receipt, within three business days, the Handbook says you may terminate the employment.
Step 3: keep the form and fix errors correctly
Keep the form for as long as the person works for you. After the job ends, keep it for three years after the hire date or one year after the last day, whichever is later. The Handbook gives an example: an employee who retires after 15 years means 16 years of storage. Do not mail the form to USCIS or ICE.
You may store forms on paper, on microfilm or electronically. You must keep the pages that hold data. Officers from the Departments of Homeland Security, Labor and Justice may inspect the forms, and they give at least three days' notice.
USCIS says the best way to fix an error is to draw a line through the wrong entry and write in the right one. Then initial and date the change. If someone used White-Out earlier, USCIS recommends attaching a signed, dated note that explains what happened.
The Handbook says that failing to complete the form properly, retain it or make it available for inspection can bring civil fines of $110 to $1,100 for each violation. You may name an agent, such as a personnel officer, to complete Section 2 for you, but you remain liable for any violation. Section 3 stays blank for now. It is used later for rehires and when a worker's permission to work expires.
The checklist in one place
- Confirm the form reads 03/08/13 N at the bottom.
- Wait until the person accepts the job, then hand over the form and instructions.
- Have the employee finish and sign Section 1 by the first day of work, and review it.
- Ask for original, unexpired documents. Let the employee choose them.
- Examine them in person and complete Section 2 within three business days of the first day of work.
- Return the originals. If you copy documents, copy them for every employee.
- File the form with your records, not with an agency, and note the date you may discard it.