» HR alert: May deadline for complying with new federal form

HR alert: May deadline for complying with new federal form

April 3, 2013 by Jim Giuliano
Posted in: Human Resources, Legal & Compliance, Special Report

After May 7, failure to use the revised federal Form I-9 could result in penalties, says the U.S. Citizenship and Immigration Services.

Your HR or Payroll people need to use the new form for verification of employment eligibility. However, they don’t need to replace already-completed and up-to-date forms they have on file.

Here’s a closer look at the changes mandated by the new Form I-9

1: Step-by-step approach

The new title of Section 1 of the form is “Employee Information and Attestation.” The instructions are longer, with a more step-by-step approach to filling out the form. In addition, the legal requirements are more obvious. For example, the instructions begin: Newly hired employees must complete and sign Section 1 of Form I-9 no later than the first day of employment. Section 1 should never be completed before the employee has accepted a job offer.

As for the form itself, Section 1 now takes up an entire page. Sections 2 and 3 are on another page. In Section 1 of the form, the Maiden Name data field is now Other Names Used (if any). Optional data fields have been added for Email Address and Telephone Number. Under the checkbox regarding aliens authorized to work, data fields have been added for Alien Registration Number/USCIS Number or Form I-94 Admission Number. Other data fields have been added.

Section 2: What’s expected

The title for Section 2 is “Employer or Authorized Representative Review and Verification.” Again, the instructions are longer and make legal expectations clearer. Note: The person who examines the documents must be the same person who signs Section 2. The instructions go on to say: [That person] and the employee must both be physically present during the examination of the employee’s documents.

As for the actual form, there’s more space in Section 2 for you to record document information.

Section 3: More clarity

The title for Section 3 is now “Reverification and Rehires.” As throughout, the instructions are longer and clearer. There’s information about which employees you should not reverify. Also, the instructions specify: If both Section 1 and Section 2 indicate expiration dates triggering the reverification requirement, the employer should reverify by the earlier date. As for the form itself, a data field has been added in Section 3: “Print Name of Employer or Authorized Representative. “


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