With the start of a new year, employers should make sure they are up to date on the employment eligibility requirements for new hires, specifically the I-9 Form. The Immigration Reform and Control Act of 1986 (“IRCA”) requires employers to verify the eligibility of new hires. As a result, the Department of Homeland Security created the I-9 Form and requires that it is completed by all new employees and their employers.
The I-9 Form is broken into three parts, with the first being filled out by the employee at one of the following times: the application stage (unless used for discriminatory purposes), at the time of hire, or when the employee begins work. The second part must be completed by the employer within three business days of the new hire, and seeks to authenticate the employee’s forms and documentation.
In early 2017, changes to the I-9 Form by the U.S. Citizenship and Immigration Services went into effect. The changes were minimal, mostly focusing on increasing the ease of use for employees and employers. However, employers still must use the new form, which can be found at: https://www.uscis.gov/i-9
Attorneys at FHKAD routinely advise employers about their legal obligations and rights. For more information regarding I-9 Forms or any other immigration issue, contact Edward Kim at (614) 221-1216 or ekim@fishelhass.com.