January 24, 2022

Volume XII, Number 24

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January 24, 2022

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January 21, 2022

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DHS Issues New I-9 Form — Required by May 1 for New Hires and Reverifications

DHS recently issued a new I-9 form. This new version is mandated starting May 1. The old form expired last year and DHS had temporarily extended its validity. The new form is essentially the same as the older version. DHS made minor technical updates to the instructions. All of the pre-existing I-9 rules and regulations remain intact.  The new I-9 form can be found at:  https://www.uscis.gov/i-9

Employers should make sure that they have an I-9 on file for all employees hired on or after 11/07/1986, and that they are completed correctly. U.S. Citizens and permanent residents that present valid documents at the time of hire do not need to be reverified. Foreign nationals using an employment authorization document (EAD) – aka work permit, or sponsored work visa must be periodically reverified. After termination, I-9’s should be retained for at least 3 years. The I-9’s should be kept in binders and separated by active and terminated employees. They should be kept in a secure file cabinet. Using a digital I-9 software that is ICE compliant is a best practice as it ensures proper completion and is a safer form of retention.

Copyright © 2022, Sheppard Mullin Richter & Hampton LLP.National Law Review, Volume X, Number 51
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About this Author

Greg L. Berk Labor & Employment Attorney Sheppard Mullin Orange County, CA
Partner

Greg Berk is a partner in the firm’s Labor and Employment Practice Group. He leads the Firm’s immigration practice and is based in Orange County, California. He is a Certified Specialist in Immigration and Nationality Law by the State Bar of California Board of Legal Specialization. He is the author of Immigration Checklists and Practice Pointers – A  Desk Reference for Attorneys and HR managers. He has also taught immigration law at two college-level paralegal certification programs in California.

Areas of Practice

He has over 20 years of...

714-424-2877
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