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Important reminder regarding Form I-9

March 13, 2025 / By Tracy Rickett, UNY Human Resources Manager / .(JavaScript must be enabled to view this email address)

All employers must complete and retain Form I-9, Employment Eligibility Verification, for every person they hire for employment after Nov. 6, 1986. Employers must use the 08/01/23 edition of Form I-9. This edition will have an expiration date of either 07/31/2026 or 05/31/2027. Starting August 1, 2026, employers should use the Form I-9 version with the 05/31/2027 expiration date. Employers that don't complete and retain I-9 forms may face penalties. 

To assist employers to meet compliance requirements, U.S. Citizenship and Immigration Services (USCIS) provides a Handbook for Employers and free webinars.

Completing Form I-9

Section One: Employee Information and Attestation (Completed by employee) 

• Section One collects identifying information about the employee and requires the employee to attest to whether they are a U.S. citizen, noncitizen national, lawful permanent resident or noncitizen authorized to work in the United States. 
   
• It must be completed no later than the first day of employment. The employee may complete Section One earlier than the first day of employment if they have accepted an employment offer. 

Section Two: Employer or Authorized Representative Review and Verification (Completed by employer)

• Section Two collects information about the employee's identity and employment authorization. The employee must present original documentation proving the employee's identity and employment authorization, which the employer must review. 
   
• The employee provides the I-9 Form to the employer with Section One completed and original documents as listed on Page 2 of Form I-9. 
   
• The employer must complete Section Two no later than the third business day of employment. 

Supplement A, Preparer and/or Translator Certification for Section 1 (Completed by individuals who assist employees in completing or translating Section One.) 

Supplement B: Reverification and rehires (Completed by employers for employees who are rehired or whose employment authorization requires reverification.) 

• This should be completed prior to the date that the worker's employment authorization expires. Supplement B also may be used to record a name change. 
   
• Employers should fill out Supplement B when rehire occurs or reverification is required. 

Retention and Storage 

I-9 Forms should be stored in a file separate from the personnel file and in a locked/secure location. Employers must maintain an employee’s Form I-9 for all active employees and for the required retention period after separation of an individual's employment (either three years after the date of hire or one year after the date employment ended, whichever is later). 

To determine the retention period after separation of employment, USCIS provides an online tool for employers. 

Inspection 

Employers must make I-9 forms available for inspection upon request by officers of the Department of Homeland Security (DHS), employees from the Immigrant and Employee Rights Section (IER) at the Department of Justice, and employees from the Department of Labor. 

Employers will generally receive a written Notice of Inspection at least 3 days before the inspection. Officials may also use subpoenas and warrants to obtain the forms without providing 3 days’ notice. 

When officials arrive to inspect an employer’s Form I-9, the employer must: 

• Retrieve and reproduce electronically stored Form I-9 and any other documents the officer requests; 
• Provide the officer with the necessary hardware and software to inspect electronic documents; and 
• Provide the officer with any existing electronic summary of the information recorded on the employer’s Form I-9. 

Employers who refuse or delay an inspection may be in violation of the law. 

If you have questions regarding Form I-9 and compliance requirements, please contact Tracy Rickett, Human Resources Manager, at tracyrickett@unyumc.org or (315) 898-2017.