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Final rules issued for I-9 form use

 

The U.S. Immigration and Customs Enforcement, Department of Homeland Security, has issued final rules for completion of retention of Form I-9, Employment Eligibility Verification. Businesses are required to verify eligibility for employment whenever new employees are hired.

The form may be downloaded at http://uscis.gov/files/form/i-9.pdf.

The new rules require:

• Employers must complete the form within three business days—not calendar days;

• They may use paper, electronic systems, or a combination of paper and electronic systems for verification and retention;

• Employers may change electronic storage systems as long as the systems meet the performance requirements of the regulations;

• They need not retain audit trails of each time a Form I-9 is electronically viewed, but only when the Form I-9 is created, completed, updated, modified, altered, or corrected; and

• Employers may provide or transmit a confirmation of a Form I-9 transaction but are not required to do so unless the employee requests a copy.

I-9 forms are to be retained for three years after an employee’s date of hire or one year after the date the employment is terminated, whichever is later. The forms can be sored in the personnel file or they can be kept in one place, such as in a binder separate from employee files.

To review the final rule, go to http://edocket.access.gpo.gov/2010/2010-17806.htm.


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