New I-9 Forms Required

At the time of hire, employees need to prove that they are authorized to work in the United States.  The Department of Homeland Security came out with an updated I-9 form for this purpose that should be used for new hires as of August 7, 2009.  To view the new form click here.

Employers need to provide the forms to new hires and make sure they are filled out no later than the actual beginning of the new hire’s employment.  Employees must present for inspection any document that is listed in List A of the form (e.g., a U.S. passport, Permanent Resident Card or Alien Registration Receipt Card) and/or a combination of a document from List B (e.g., driver’s license, certain government ID cards, voter’s registration card) and a document from List C (e.g., birth certificate issued by a state, county, municipal authority or territory of the United States bearing an official seal, Native American tribal document, etc.).  Employees must present original documents, not copies, except in certain limited circumstances that are explained on the I-9 instructions.  Employers cannot specify which documents they will accept.

The revised I-9 form can be a trap for the unwary employer, and serves as a reminder to check the issue date and expiration date on all government forms.  For example, in 2009 the United States government has issued new FMLA forms and new W-4 forms, which are available online at www.dol.gov/esa/whd/fmla/finalrule.htm and www.irs.gov/pub/irs-pdf/fw4.pdf, repectively.

If you cannot determine which form to use, please contact Karen Sutherland.


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