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01 December 2016

New I-9 Form and Q&A

New I-9 Form Available

U.S. Citizenship and Immigration Services (USCIS) has released a new I-9 form.  By Jan. 22, 2017, employers must use only the new version, dated 11/14/2016.  Until then, they can continue to use the version dated 03/08/2013, or the new version.  You can access the form and instructions on the USCIS website at https://www.uscis.gov/i-9-central

Q&A from I-9 Central website

Q. My company currently keeps copies of documentation presented by my employees for Form I-9. We would like to end this. How should we implement this change?

A. Form I-9 regulations allow employers to choose whether or not to keep copies of documentation employees submit to complete Form I-9. Therefore, you may choose to begin or end the practice of keeping copies of documentation at any time, as long as you do so for all employees, regardless of national origin or citizenship status, or you may be in violation of anti-discrimination laws.

You should not shred previously retained copies of documents. DHS regulations provide that once copies of documents are made, they must be retained with the Forms I-9 or with the employee’s records.

Additionally, if you participate in E-Verify, and the employee presented a document used as part of Photo Matching, currently the U.S. passport and passport card, Permanent Resident Card (Form I-551) and the Employment Authorization Document (Form I-766), you must retain a photocopy of the document he or she presented and continue to retain photocopies of these documents if presented by new hires.  Last Reviewed/Updated: 03/21/2014

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