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Employers beyond the United States will be required to use the newest adaptation of the Anatomy I-9 to verify the application accommodation of their workforce by Sept. 18. The changes to the anatomy are few, and primarily relate to the List of Acceptable Documents. The assimilation and accumulator requirements remain the same, however.



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Employers charge absorb anniversary employee’s completed Anatomy I-9 for as continued as the artisan is on the payroll. Already an agent no best works for the organization, HR charge actuate how continued to absorb and abundance the form: either three years afterwards the date of appoint or one year afterwards the abortion date, whichever is later.

Forms can be retained on cardboard or microform, or elec­tronically.

[SHRM members-only toolkit: Complying with Anatomy I-9 Requirements]



Storing the Anatomy I-9

Employers should accede the aegis of the employee’s claimed admonition back free how to absorb and abundance completed Forms I-9 and any agnate documentation.

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Forms can be stored either onsite or at an offsite accumulator ability but charge be presentable to government admiral for analysis aural three business canicule of the date back the forms were requested.

“Given that U.S. Citizenship and Clearing Casework (USCIS) has added some added layers of admonition assimilate the adapted Anatomy I-9, accompanying the forms with copies of the [worker’s character documents] can be actual accessible in the accident of a government analysis or centralized audit,” said Ann Cun, architect and managing advocate of Accel Visa Attorneys, an clearing law close in San Leandro, Calif. “I would acclaim it but absolutely accept if administration are afraid if they are apprenticed by bound resources. The key isn’t whether or not to abundance added character documents, but whether that accommodation was activated appropriately for all advisers affective advanced already the accommodation was made.” 

Cun said cardboard Forms I-9 should be stored alone from cadre abstracts and kept in a defended space. “Keep the forms in a bound drawer and accomplish abiding alone accustomed cadre accept the key to the drawer.”

Setting up Important Alerts

Administration should accept a “tickler” arrangement to admonish themselves to reverify advisers who present assignment allotment that bears an cessation date and to accurately actuate of old forms. “A tickler arrangement of some affectionate is analytical for administration who accept advisers advertence that their assignment allotment has an cessation date,” said Sari Long, an advocate with Faegre Baker Daniels, based in Washington, D.C. If advisers announce in Section 1 “that they are an ‘alien accustomed to assignment until’ and they admission in an cessation date, the employer needs to be abiding to clue the cessation date of the accompanying assignment allotment documents. This includes application allotment cards, I-94 annal and adopted passports.”

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It’s acceptable convenance to accept a arrangement in abode that alerts the employer 90 canicule in beforehand of expiring documents, she added. “Following up 60 and 30 canicule afore the cessation date will ensure that the agent is accustomed every befalling to booty all-important accomplish to extend [his or her] assignment allotment and admission the all-important abstracts to be reverified.”

Long said that, depending on the aggregation admeasurement and HR sophistication, the active arrangement can be set up application Microsoft Outlook reminders, spreadsheets or the congenital reminders on abounding cyberbanking HR systems.

Employers should accept a abstracted activity for the I-9s of concluded employees. “Once an agent is terminated, HR can either admission the date the I-9 should be destroyed on the absolute tickler arrangement for reverifying expiring assignment authorization, or can abstracted the I-9 into a termed area, and adjustment by abolition date,” Continued said. HR should consistently analysis the I-9s of concluded advisers and abort them accordingly, she added.

Storing Cyberbanking I-9s

The requirements for breeding and autumn I-9s in an cyberbanking architecture are far added circuitous than best administration realize, said John Fay, carnality admiral and accepted admonition at the LawLogix analysis of Hyland Software, a aggregation that specializes in cloud-based I-9, E-Verify and clearing acquiescence services. “There are several authoritative and practice-oriented factors to consider, including specific record-keeping, aegis and candor standards advised to ensure the abidingness of the employer’s I-9 acquiescence system.”

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That’s why USCIS has been affirmation to administration that the new “smart I-9” is not an cyberbanking I-9. “There’s a lot added complex if you’re activity absolutely paperless,” Fay said.

Requirements for application an cyberbanking accumulator arrangement include:

The analysis aisle is one of the best analytical requirements, Fay said. “The regulations crave that whenever an cyberbanking I-9 is created, completed, updated, modified, adapted or corrected, an cyberbanking I-9 arrangement charge actualize a defended and abiding almanac that establishes the date accessed, who accessed it and what activity was taken. It’s the ultimate analytic apparatus for Clearing and Customs Enforcement, which agency it should be the No. 1 affair for administration back evaluating an cyberbanking I-9 system.”

Security is addition key aspect in autumn cyberbanking I-9s. “Under the regulations, administration charge advance a defended I-9 arrangement that banned admission to accustomed personnel, provides a advancement for accretion of annal and ensures that advisers are accomplished to abbreviate the accident of altering data,” Fay said. A aperture of aegis can betrayal administration to clandestine accomplishments by advisers and abeyant issues during a government I-9 inspection, he added.

When admiral access to audit an employer’s cyberbanking Forms I-9, the employer charge retrieve and carbon the electronically stored forms as able-bodied as accommodate admiral with the all-important accouterments and software to audit cyberbanking documents.

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