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.
Our friends at GTM provide all the information you need to know.
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.
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GTM Payroll Services relieves the administrative hassles of household payroll for domestic employers by proviing a one-stop shop for payroll, tax filings, compliance and insurance. No risk. No hassles. No worries. If you or your employer have any questions about domestic employment, call (1-800-929-9213) or email GTM for a free, no obligation consultation.