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Household employers should continue using the current version of Form I-9 even after its expiration date of Oct. 31, 2022. The U.S. Department of Homeland Security (DHS) said the current Form I-9 should be used until further notice.
Household employers should continue using the current version of Form I-9 even after its expiration date of Oct. 31, 2022. The U.S. Department of Homeland Security (DHS) said the current Form I-9 should be used until further notice.
Federal law requires every employer that hires an individual for employment in the United States, including citizens and non-citizens, to complete Form I-9.
About Form I-9
On Form I-9, your employee must attest to their employment authorization by presenting acceptable documents evidencing identity and employment authorization.
New employees must complete and sign Section 1 of Form I-9 no later than the first day of employment.
Within three business days of the date employment begins, your employee must present you with an original document or documents that establish their identity and employment authorization.
You’ll then examine these employment eligibility and identity documents to determine whether the documents reasonably appear to be genuine and relate to your employee. You’ll record the document information on Form I-9. The list of acceptable documents can be found on the last page of the form.
You don’t need to file Form I-9 with USCIS or U.S. Immigrations and Customs Enforcement (ICE).
However, you must:
- Have a completed Form I-9 on file for each person on your payroll who is required to complete the form;
- Retain and store Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
- Make your employee’s forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.
If you don’t properly complete and retain Form I-9, you may be subject to civil penalties, and, in some cases, criminal penalties.
COVID-19 Temporary Policy for List B Identity Documents
As a reminder, the DHS recently ended its COVID-19 Temporary Policy for List B Identity Documents. As a result, household employers are no longer allowed to accept expired List B documents when a worker fills out Form I-9. In addition, if an employee presented an expired List B document between May 1, 2020, and April 30, 2022, employers were required to update their Form I-9 by July 31, 2022.
GTM can help
GTM Payroll’s online, self-onboarding walks your new hire seamlessly through the employee setup process meaning less work for you tracking down paper documents and fewer mistakes that can slow things down. It’s just another way that GTM Payroll Services makes nanny payroll and taxes easy for you. Through automatic payroll processing with direct deposit and tax withholdings calculated for you, payday is a breeze. And we take care of remitting your employment taxes. To learn more or to sign up, call (800) 929-9213 or schedule time with a household employment expert.
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