DHS recently issued a new I-9 form. This new version is mandated starting May 1. The old form expired last year and DHS had temporarily extended its validity. The new form is essentially the same as the older version. DHS made minor technical updates to the instructions. All of the pre-existing I-9 rules and regulations remain intact. The new I-9 form can be found at: https://www.uscis.gov/i-9
Employers should make sure that they have an I-9 on file for all employees hired on or after 11/07/1986, and that they are completed correctly. U.S. Citizens and permanent residents that present valid documents at the time of hire do not need to be reverified. Foreign nationals using an employment authorization document (EAD) – aka work permit, or sponsored work visa must be periodically reverified. After termination, I-9’s should be retained for at least 3 years. The I-9’s should be kept in binders and separated by active and terminated employees. They should be kept in a secure file cabinet. Using a digital I-9 software that is ICE compliant is a best practice as it ensures proper completion and is a safer form of retention.
The I-9 rules can be very technical and sometimes counter-intuitive. Contact your Sheppard Mullin attorney when unusual situations arise.