Orner Law would like to remind our clients that the new Form I-9 (Employment Eligibility Verification) is now mandatory.  Starting May 7, 2013, all prior versions of Form I-9 may no longer be used.

As background, employers are required to use the Form I-9 to verify the identity and employment authorization eligibility of each individual they hire.  Employers are required to maintain Forms I-9 for as long as an individual works for the employer and for the required retention period (either 3 years after the date of hire or 1 year after the date employment ended, whichever is later).  Employers are also required to make their employees’ Forms I-9 available for inspection upon request by officers of U.S. Immigration and Customs Enforcement (ICE), the Department of Justice (DOJ) Office of Special Counsel for Immigration-Related Unfair Employment Practices, and the Department of Labor (DOL).  Failure of an employer to ensure proper completion and retention of Forms I-9 may subject the employer to civil monetary penalties, and, in some cases, criminal penalties.

It is important to note that employers do not need to complete the new Form I-9 for current employees for whom there is already a properly completed Form I-9 on file, unless re-verification applies.

The new Form I-9 may be found on the USCIS website at http://www.uscis.gov/files/form/i-9.pdf.  A Spanish-language version of the new Form I-9 is available at http://www.uscis.gov/files/form/i-9_spanish.pdf for use in Puerto Rico only.

For questions regarding I-9 compliance, please contact us at info@ornerlaw.com.