Is it necessary to update I-9 Forms for current employees?

General
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Hello everyone, I’m the HR manager for a mid-sized company, we’re currently reviewing our I-9 compliance procedures. We’ve been using the same version of the I-9 form for the past few years for all our employees.I recently noticed that there was a new version of the Form I-9 (Edition 08/01/23) that became mandatory starting August 1, 2023. It’s now July 2024, and this has raised some questions for me:

  • Do we need to have all current employees complete the new I-9 form, even though we’re almost a year past the implementation date?
  • For employees hired between August 2023 and now, should we have them redo their I-9 forms if we accidentally used the old version?
  • Are there any risks or penalties associated with having used the older version for the past year?

We use an electronic I-9 verification system, and I’m wondering if we need to update our processes and potentially conduct an internal audit. Any insights from fellow professionals or legal experts would be greatly appreciated!

Thanks in advance,
Pam

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I’ve dealt with this exact situation before, so I can help you out. Here’s what you need to know:

  1. For your current employees, you don’t need to do anything. The I-9 they filled out when they were hired is still valid, even if it’s an older version.
  2. For anyone hired since August 1, 2023, you should have used the new form. If you didn’t, you’ll need to fix this:
  • Have them fill out the new form now.
  • Keep both the old and new forms together.
  • Write a note explaining why there are two forms and date it.
  1. About penalties - yes, there’s a risk if you get audited. But if you fix the mistakes now and show you’re trying to do the right thing, that usually helps a lot if there’s ever an issue.

What I’d suggest doing:

  • Check all I-9s for people hired since August 1, 2023.
  • Update your electronic system to the new form.
  • Make sure someone on your team is responsible for checking for new I-9 versions every so often.

Don’t stress too much about this. It’s a common mistake and it’s fixable, just take care of it soon.

Let me know if that helped :wink:

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Thanks a lot, Kristin! This is exactly what I needed to know. So glad we don’t have to redo I-9s for everyone. Really appreciate your help. You’ve made this whole thing much clearer for me. :raised_hands: