I-9 Form to be Required as of December 26
Employers will be required to use the revised Employment Eligibility
Verification form as of December 26. The form, which is available
from U.S. Customs and Immigration Services (UCIS), must be used
for all employees hired on or after December 26. Employers are not
required to re-verify existing employees for whom they have already
completed an I-9.
The revised I-9 seeks to achieve full compliance with the document
reduction requirements of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (IIRIRA), which reduced the number of
documents employers may accept from newly hired employees during
the employment eligibility verification process. As such, the new
I-9 form removes five documents that new employees can use as proof
of identity and eligibility for employment including a certificate
of U.S. citizenship, certificate of naturalization, alien registration
receipt card, unexpired reentry permit and unexpired refugee travel
document. However, an unexpired employment authorization document
(I-766) was added to List A of the List of Acceptable Documents.
Moreover, employees are no longer required to provide their social
security number in Section 1 unless their employer participates
in E-Verify. E-Verify is a free Internet-based system operated by
UCIS in partnership with the Social Security Administration. The
system provides an automated link to federal databases to help employers
determine employment eligibility of new hires and the validity of
their Social Security numbers.
All employers are required to complete a Form I-9 for each employee
hired in the United States. The new revisions also allow for employers
to sign and retain Forms I-9 electronically. Lastly, while a Spanish
version of the I-9 is available, only employers and employees in
Puerto Rico may fill it out. Spanish-speaking employers and employees
in the 50 states and other U.S. territories may use the form for
reference, but may only complete the form in English to meet employment
eligibility verification requirements.
The new revised I-9 is designed as a way to make sure businesses
only hire documented workers, and continues the government's efforts
to stop illegal immigration.
Furthermore, a new house resolution, H.R. 4088, would make the
consequences for a business caught with an undocumented worker for
the first time to be a fine between $2,500 and $5,000. The second
offense would raise the fine to between $7,500 and $10,000, and
the third offense would result in a fine between $25,000 and $40,000.
HERE to download the form and UCIS handbook.
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