Mellisa C. Marsh, Esq.
 
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Employment News

Important Disclaimer

June 2005

New 1-9 Form Must Be Completed For Every New Employee
Prepared By: Melissa C. Marsh

Beginning January 1, 2006, California employers must exclusively use the new Form I-9 (Employment Eligibility Verification). Employers must complete a Form I-9 within Three (3) business days of the hire of any new employee. The employer must also retain the form for either three (3) years post-hire, or one (1) year post termination, whichever is longer. Employers may acquire the new 1-9 Form here.

Although the new I-9 form specifically states that the following four items are sufficient to establish both identity and eligibility to work, California employers should not accept them:

  • Certificate of US Citizenship;
  • Certificate of Naturalization;
  • Unexpired Reentry Permit; or
  • Unexpired Refugee Travel Document.

As late as March 16, 2005, the USCIS had directed employers not to accept the above documents. Therefore, until further notice, employers should not accept these items as proof of an employee's eligibility to work.

© Melissa C. Marsh 2005 All Rights Reserved.


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