Are you already a pro at filling out the Form I-9? Then you’re going to be just fine, not much has changed, and what has changed makes life easier for us all. If you need to brush up on your Form I-9 skills, do not fret, we have a quick and easy guide to get you to pro status in no time!

The new Form I-9 has two versions now, an online version and a paper version. The list of eligible documents under List A, B and C have been updated. The paper version has no changes, except the version number on the top. If you are sticking with the paper version, be sure it states OMB No. 1615-0047, Expires 10/31/2022 on the top right corner. The only thing that has changed in filling out the paper version, is you no longer need to write N/A in areas that are not used in Section 2. That means less work for you, and less areas to make mistakes. If you are using the new online version, the process is much more organized with drop down menus to keep you on track, and auto fill in of N/A wherever needed. If using the online version, be sure to print and obtain wet signatures/dates from employee and employer representative. 

When Do I Need to Start Using the new I-9 Form?

The new Form I-9 was released on January 31, 2020. Employers have the choice to use the old or the new form when hiring employees until April 30, 2020. Only Employees hired on or after May 1, 2020 must use the new version only.

How Long Do I Keep Form I-9’s?

Either one year after the date of termination, or three years after date of hire. Whichever date is later. Maintain two I-9 files, separate from the employee’s employment file. One for active employees and one for terminated employees. Maintain a list of employees by termination date & hire date to determine when I-9s can be shredded.

More Details on the I-9

The Form I-9 verifies a person’s identity and authorization to work in the US. All employees must fill out Section 1 of the I-9 on their first day of employment. Employers must fill out Section 2 by the end of the third business day, or within 72 hours after employment commences, even if the employee is not scheduled to work for some or all of that period.

Although Section 1 is completed by the employee, it is the employer’s responsibility that it is filled out correctly. Minimally it should have the employees full name, address, date of birth, citizenship status, signature and date. If your company participates in E-Verify, then the employee must also note their Social Security Number.

Employers should prepare employees to bring acceptable documents with them on their first day of work. Acceptable documents are original, unexpired documents, either one item from List A, or a combination of one item from List B and one item from List C. List A documents verify both identity and employment authorization, List B documents only verify identity, List C documents only verify work authorization. Employers cannot dictate which documents employees bring. 

When completing Section 2, employers should maintain consistent employment policy practice by either maintaining photo copies of all employees I-9 documents, or copies of none. Maintaining copies of only some employee’s documents could be perceived as discriminatory. Employers should verify the validity of the documents as being reasonably authentic as well as the employee’s identity. When using E-Verify, certain documents are required to be photocopied for identity matching.

Employers should complete Section 2 with the necessary information from the employee’s List A, B or C documents. When completing the new I-9 form, the digital version will auto populate N/A in areas that do not need to be completed. In addition, the paper form of the I-9 no longer needs to have N/A noted in areas that are not used. (Less work for you!)

How to Correct Mistakes on the Form I-9

Employers may only correct errors made in Section 2 and Section 3. If there is an error in Section 1, have the employee make the correction. Correcting information should be done by drawing a line through the incorrect information, allowing it still to be legible. Do not use White-out or a sharpie type marker. Enter the correct information next to the area, initial and date the correction. In certain situations, it may be beneficial to create a memo to attach to the Form I-9 outlining the reason for the mistake, or provide additional details if there was a confusing error.