October 17, 2019

I-9 Update: Consistency is a Key

You may have read about the Form I-9 update in last month’s newsletter.   The Form I-9 expired August 31st.  To that, there is no update; as of this writing the new Form has not yet been published.

But, on October 15th, the U.S. Department of Justice issued a news release that serves as a good reminder to employers. You should not tell a newly hired employee which documents to produce for I-9 purposes. For example, you should not tell an employee, “bring your driver’s license and social security card.” Also, do not request more documents or documents other than those that are required. The employer that did so settled the matter for $225,000.

TIP #1: A proactive practice is to give the employee the Form I-9 instructions and simply advise the employee to bring in one document from List A or one document from List B and one document from List C.

TIP #2: Remember, the employee must complete Section 1 not later than his or her first day of employment, not the third.   You, the employer must complete Section 2 by not later than the employee’s third day of employment.

FAQ: Can an employer invite a newly hired employee to complete Section 1 before his or her first day of employment? Yes, but not before the individual has accepted a bona fide offer of employment.

In the meantime, continue to bookmark this page and watch for the new Form I-9.