The revised I-9 form is mandatory for employers to start using beginning May 7, 2013. The I-9 form is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of I-9 form for each individual they hire for employment in the United States. This includes citizens and noncitizens. The new form was released on 03/08/13. Employers may continue to use other previously accepted revisions, (Rev.02/02/09)N and (Rev. 08/07/09)Y until May 7, 2013 date. After May 7, 2013, all employers must use the revised Form I-9 for each new employee hired in the United States.
Who is responsible?
An employer or an authorized representative of the employer must complete Section 2. Employers or their authorized representatives must physically examine the documentation presented and sign the form. You may not begin the Form I-9 process until you offer an individual a job and he or she accepts your offer.
The date the employee began employment may be a current, past or future date. Employers should enter:
- A current date if Section 2 is completed the same day the employee begins work for pay.
- A past date if Section 2 is completed after the employee began work for pay. Enter the actual date the employee began work for pay.
- A future date if Section 2 is completed after the employee accepts the job offer but before he or she will begin work for pay. Enter the date the employee expects to begin work for pay.
The I-9 form will require all new hires to produce certain documentation that will verify their identity. The employer is responsible for reviewing and ensuring that the proper forms of identification are accurately completed in the sections. It is the responsibility of the employee to provide the required forms of identification to the employer upon hire. The I-9 form requires two forms of identification. A list of acceptable documentation is listed on the form.
Employers may complete Section 3 when:
- An employee’s employment authorization or documentation of employment authorization has expired.
- An employee is rehired within three years of the date that Form I-9 was originally completed.
- An employee changes his or her name.
How long do you have to retain the document?
The employer is not required to file the I-9 form with the U.S Department of Homeland Security. However, the employer must retain the completed document for either three years after the date of hire or for one year after employment is terminated, whichever is later. The form must be available for inspection by authorized U.S. Government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
You can download a revised copy of the I-9 form.
A handbook for employers on guidance for completing the I-9 form is available.