The U.S. Citizenship and Immigration Services (USCIS) implemented the revised Employment Eligibility Verification (I-9) Form – originally scheduled for February 2 – on April 3, 2009, resulting in considerable changes to a company's I-9 management process.

All U.S. employers are required by legislation to verify the identity and employment authorization of each employee they hired for employment in the United States after November 6, 1986. Employers must verify the employment eligibility and identity documents presented by the employee and record the information on the Form I-9. The list of acceptable documents can be found on the last page of the form.

The following questions and answers provide an update on the legislative regulations, discuss the upcoming changes to the Form I-9, and show how an electronic I-9 solution can simplify and improve the efficiency of a company's employment eligibility program. More information about the Form I-9 changes can be found here.

Q: When should employers begin using the revised Employment Eligibility Verification (I-9) Form?
A: Employers must use the revised Form I-9 for all new hires (and re-verifications) beginning April 3, 2009. After that date, employers only need to complete the revised Form I-9 for new employees and should not complete it for existing employees (unless they require re-verification). The current edition of the Form I-9 (dated 06/05/2007) will no longer be valid for use as of that date. Employers that continue to use the 06/05/2007 edition of the Form I-9 on or after April 3, 2009 may be subject to penalties or sanctions.
Q: What are the penalties and/or sanctions employers can face for Form I-9 violations?
A: Employers can face stiff penalties, including fines, debarment from competing for government contracts, criminal prosecution, and seizure of company assets to gain compliance. Violations can include knowingly employing illegal aliens or even failure to properly maintain I-9 documents on employees.
Q: What is the difference between the new, revised Form I-9 and the old one?
A: The most notable difference in the revised Form I-9 is that all documents presented during the verification process must be unexpired, since expired documents may not portray a valid status and are also prone to tampering and fraudulent use. In addition – other than several technical updates – some documents have been added or removed.
Q: What documents have been added to the revised Form I-9?
A: Two (2) documents have been added to List A (Documents That Establish Both Identity and Employment Authorization) on the List of Acceptable Documents: 1.) A  temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp, and 2.)  A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI.
Q: What documents have been dropped from the revised Form I-9?
A: Three (3) documents were removed from List A of the List of Acceptable Documents: 1.) Form I-688, Temporary Resident Card, 2.) Form I-688A, Employment Authorization Card, and 3.)  Form I-688B, Employment Authorization Card. 
Q: How much time do employers have to complete the Form I-9 after a hire?
A: U.S. law requires that every employer complete the Form I-9 for each new employee within three (3) days of hire. At this time, the employee is required to present original documents that demonstrate both identity and authorization to work in the United States.
Q: Where should employers file the completed Form I-9?
A: The Form I-9 must be kept by the employer. Employers should NOT file the Form I-9 with U.S. Immigrations and Customs Enforcement (ICE) or USCIS.
Q:  How long do employers have to keep the completed Form I-9?
The Form I-9 must be kept by the employer 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, such as the Department of Homeland Security, the Department of Labor, and the Office of Special Counsel.
Q:  What are the two types of Form I-9 errors and explain the difference between the two?
A:  There are two (2) types of Form I-9 errors: 1.) Technical/Procedural errors and 2.) Substantive errors. "Technical/Procedural" errors can be corrected. An example of a technical/procedural error is forgetting to record a document title. If a copy of the supporting documentation has been kept, this is correctable without contacting the employee. The fines for these errors are more discretionary. A "Substantive" error cannot be corrected, and if audited, an employers’ company will likely face a fine for these errors if the statute of limitations has not run out. An example of a substantive error is not signing Section 2. If audited, employers will be fined for this.
Q: If employees presented expired Passports at the time they completed the Form I-9 before 4/3/09, do employers need to ask them to present new documents and update their Form I-9s?
A: No. U.S. Passports do not have to be re-verified. Employers can accept expired U.S. Passports up to and including April 2, 2009 after which date all documents must be valid at the time the Form I-9 is completed. However, even after April 2, 2009, employers do not have to re-verify U.S. passports if they expire while the employee is working for the employer’s company.
Q: Where can employers obtain the revised Employment Eligibility Verification (I-9) I-9 and the updated "M-274, Handbook for Employers: Instructions for Completing the Form I-9"?
A: The revised Employment Eligibility Verification (I-9) Form can be downloaded at http://www.i-9compliance.com/pdf/i-9.pdf. The updated “M-274, Handbook for Employers: Instructions for Completing Form I-9” is currently available on the USCIS website for used ON OR AFTER APRIL 3, 2009. Employers can also find a fully automated, seamlessly integrated, and completely paperless Form I-9 solution here.
Q: Is there someone who can help employers manage their Form I-9 compliance?
A: I-9Compliance.com – a member of the Pre-employ.com  Family of Companies – can help employers with Form I-9 management. I-9Compliance.com delivers a web-based solution that makes anyone a Form I-9 compliance expert, standardizes error free processes across locations, and ensures the visibility and reporting needed to manage the program with confidence. To sign up for the I-9Compliance.com service, please visit here. To speak to an I-9Compliance.com representative about streamlining your I-9 processes and reducing liability, please call 1-800-300-1821 or email sales@i-9Compliance.com.

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