From the ALERT Newsletter, June 12, California Chamber of Commerce
Recent I-9 Form changes mean all employers are required to verify that every new hire is either a U.S. citizen or authorized to work in the United States. Changes have occurred in the I-9 form and acceptable documents that establish both the employee's identity and employment eligibility. Employers need to be aware of these changes and adjust hiring practices to conform to these new requirements.
Am I required to have all of my employees complete the new I-9?
No, existing employees do not need to complete the new I-9 form if a complete I-9 form is on file. The new I-9 form is required to be used for all employees hired on or after April 3, 2009.
Where can I find copies of what the documents should look like?
The new U.S. Citizen and Immigration Services Handbook for Employers (Rev. 04/03/09) now includes color pictures of the acceptable documents. The guide also contains useful information about I-9 requirements and commonly asked questions and answers. This document may be downloaded directly at www.uscis.gov/files/nativedocuments/m-274.pdf.
Do we need to track expiration dates on current employees?
No, not for documents that establish identity only. The new requirement of unexpired identity documents applies only to new hires. That change does not affect existing employees.
Can we hire an employee who has given us a receipt that he/she has applied for an initial grant of employment authorization?
Under the old I-9 regulations, new hires were able to work by showing the employer a receipt that they had applied for an initial grant of work authorization. That receipt was then good for 90 days. The new regulations, however, have done away with that provision and the employee must check the box in Section 1 that he/she is already authorized to be employed.
There is no grace period under the new regulations - the employee has to be eligible to work at the time of hire.
Can I use the Spanish form for my Spanish-speaking employees?
Although a Spanish version of the I-9 is available, that version may be used only in Puerto Rico. Spanish-speaking employees may be given the Spanish form as a translation guide, but the English form must be completed and retained as the I-9 record.
The ALERT Newsletter is a member service of the California Chamber of Commerce. Visit www.hrcalifornia.com.