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Thursday, May 9, 2013

NEW Form I-9 for Employers

Be in Compliance with the New Government Form!

Since enactment of the Immigration and Reform Control Act of 1986, employers have been required to verify an employee’s identity and authority to work in the United States.  To do so, employers have completed the familiar Form I-9 for all newly hired employees.  While there have been some changes to the form in past years, the Department of Homeland Security, U.S. Citizenship and Immigration Services, has recently issued a newly revised version of the familiar USCIS Form I-9.  

The revised version of Form I-9 became effective March 8, 2013 and includes significantly increased instructions and explanation.  The new form should be used for all newly hired employees (although there was a transition period allowing continued use of the prior version of the form up until May 7, 2013).  Failure to use or properly complete the correct form may subject employers to penalties.  

Form I-9 must be completed by all newly hired employees no later than the first day of employment and employers have 3-days to review and verify the documentation submitted by employees for that purpose.  

Additionally, record retention requirements continue to apply to all completed Form I-9s.  For instance, employers are required to keep all completed Form I-9s for the duration of an employee’s employment and for an employee whose job terminates, employers must also continue to keep the employee’s Form I-9 for three years after the date of hire or for one year after the date of job termination, whichever date is later in time.  Further, it is advisable to keep Form I-9s separate from the personnel files to reduce risk of improper use and for ease of access in the event of an I-9 audit by a government agency, as audits have been on the rise in recent years.  For example, Form I-9s may be maintained in a separate log or file; typically one for current employees and a separate one for terminated employees.

For additional information, contact Cynthia B. Ryan at cryan@ryan-law.com or 407-359-0403.

Click here for the new I-9 Form


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Ryan Law, P.A. is a law firm with a focus on Employment Law Litigation & Counseling, Commercial Litigation, and Environmental Litigation & Counseling. Our offices are located in Central Florida and serve clients across the state of Florida. Attorney photos by Jimm Roberts.



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