DHS Announces Release of New I-9 Form


By Jeffrey S. Sloan

The Department of Homeland Security (DHS) recently issued a new federal I-9 form.  This is the form that all employers must use in order to verify a new employee’s eligibility to work in the United States.  Employers can continue to use the old I-9 form only until May 7, 2013.  After that date, the new form must be used.

All employers must complete an I-9 form for each new hire.  This must be done within 3 days of hiring.  As part of the process, the employer must inspect either (1) one original document chosen by the employee from List A, or (2) one original document from both List B and List C.  Many employers also attach copies of the documents they inspected to their completed I-9 form, as further proof of the employer’s good faith efforts to comply with the law.  The completed I-9 form should be retained for at least 3 years following an employee’s termination.

The new I-9 form can be found here.

The DHS’ new publication, entitled Handbook for Employers:  Guidance for Completing Form I-9, can be found here.

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