Human Resource Blog

Kentucky I-9 Form

How is the new I-9 form for Kentucky employers different from the old one?

The first important thing to mention is that the revised I-9 forms apply to all new hires, as well as recertification of present employees, in Alaska, as well as other states throughout America.  The updated I-9 form became effective in November 2007, with penalties for not using it effective December 26, 2007. 

The United States Citizenship and Immigration Services, otherwise known as USCIS, released the new form for verification of employee eligibility for employment.  While employers do have a grace period to begin using the new form, it is important to mention that as soon as the standards have been published in the Federal Register, any employer who uses the old form will be subject to fines and penalties.

The I-9 form is required by the Illegal Immigration Reform and Immigration Responsibility Act of 1996.  The form must be used to verify employment eligibility, as well as identity, of every new employee, including United States citizens.  Employers should keep these forms on file for three years from an employee’s date of hire.  If an employee is terminated, the form must be kept for one year from the time of termination.

Changes to the I-9 form were only made to List A.  The documents that are on Lists B and C remain the same. 

Some of the documents included in List A are: Permanent Resident Card or Alien Registration Receipt Card (Form I-551), United States passport, an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, I-688B), or an unexpired foreign passport with a temporary I-551 stamp.  In addition to these documents, employers may also use an unexpired foreign passport with an unexpired “Arrival-Departure Record”, Form I-94 with the alien’s non-immigrant status, but only if that status authorizes the alien to work for that employer.

It is important to note that current employees do not have to fill out a new I-9 as long as all of their original documentation has not expired. JH