All employers are now required to use a new I-9 Form. Effective May 7, 2013, the new form replaces all prior forms and must be used for newly hired employees. The new form also must be used to reverify employees whose documentation is expiring.
The new form is available on the USCIS website at http://www.uscis.gov/files/form/i-9.pdf. Discard your blank copies of the old form, as it can no longer be used for any purpose. You can verify that you have the new version of the form by looking at the bottom left-hand corner of the document, which is stamped “Form I-9 03/08/13 N.”
Periodically check your files to ensure that you have a valid I-9 Form on file for every employee. Under federal law, employers are required to complete and maintain an I-9 Form for all newly hired employees, and to make those forms available for inspection during business hours to the U.S. Immigration and Customs Enforcement Bureau. Employers also must retain the I-9 Forms of former employees for a period of at least three years from the date of hire, or for one year after the employment relationship terminates, whichever is longer.
Nicholas Birkenhauer is a Northern Kentucky attorney practicing at Dressman Benzinger LaVelle psc.
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