Hedley Lawson, Jr.

The U.S. Citizenship and Immigration Service (USCIS), a division of the Department of Homeland Security, issued a new I-9 form, effective May 31, 2005. If you have not already done so, you should use the new form immediately, however, you are permitted to use the old form until the end of 2005.

Changes to the I-9 form are minor and are predominantly geared towards the renaming of the Immigration and Naturalization Service (INS) to USCIS. The USCIS has noted that additional changes involving eligible documentation may occur later this year.

As your company transitions to the new form, you should allocate some time to review your current I-9 practices and procedures for compliance. While most companies have not been subject to an audit of I-9 documentation, the USCIS will respond to complaints, including those filed by employees bumped from jobs by alleged illegal workers. If the USCIS finds that you are in violation of I-9 requirements, you can be subject to a fine of $1,000 per employee for poor documentation, and up to $10,000 for knowingly hiring an illegal alien.

You should take the following steps to ensure I-9 compliance and reduce any potential liability:

  • Require all new hires to complete and sign the I-9 form within 3 days of their start date.
  •  Require the I-9 only after an offer has been extended. Information regarding citizenship and age (required on an I-9) may be used by an applicant to claim discriminatory hiring practices.
  •  Do not require specific eligible documents from employees (i.e. a drivers license & Social Security card). Employees may provide their choice of eligible documents.
  •  Review provided documents to ensure they are eligible and appear genuine.
  •  Establish a consistent procedure for I-9 completion and ensure managers understand the process and importance.
  •  File I-9s separately from the employee’s personnel file, in another secure location. Inappropriate access to this information may be used by an employee to claim discriminatory employment decisions.
  •  Future expiration dates of I-9 documents should not be considered when making employment decisions. All applicants should be informed that current proof of eligibility to work in the U.S. will be required if they are hired.
  •  It is not required that you retain copies of eligibility documentation, but it is recommended.
  •  Track expiration dates for documents that limit the employee’s work authorization. Notify affected employees of any upcoming re-certification requirements.
  • Retain I-9s for three years from hire date or one year from termination date, whichever is later.

In conclusion, you should take precautions to separate I-9 forms from staff or personnel files and/or confirm that no prohibited information contained on I-9 forms were considered in the selection process of candidates. You can find a copy of the new I-9 form on the Aligned Growth Partners’ web site at www. AlignedGrowth.com.

Hedley Lawson is the managing partner of Aligned Growth Partners, LLC, a strategic business consulting and executive search firm.