Smart Benefits: The I-9 & Seasonal Employees

Rob Calise, GoLocalProv Business/Health Expert

Smart Benefits: The I-9 & Seasonal Employees

Form I-9 is used to verify the identity and employment authorization of individuals hired to work in the US. With the hiring of summer help right around the corner, here are three things you need to know about Form I-9 in order to comply with the law’s requirements.

Determine Whether Employees are New Hires. An employer must complete a new Form I-9 when a hire takes place. However, when an employee is regarded as continuing in his or her employment – which may be the case with seasonal work – and not a new hire, a new form is not needed. To determine whether an employee is continuing in their employment, the USCIS has published a list of eight helpful questions. If you determine that an employee was terminated and is now rehired, and the rehire occurs within three years from the date the previous Form I-9 was completed, you may complete a new form or rely on the previously completed one.

Keep the Forms. If a seasonal employee is considered to be continuing their employment -- a rehire versus a new hire – then the employer should continue to maintain the original completed I-9 as if there was no interruption in employment, conducting any reverification of employment authorization as necessary. Regardless of whether an employee is a rehire or a new hire, the forms must be kept for the duration of employment for active employees and, for terminated employees, they should be retained for three years after the date of hire or one year after the date of termination, whichever is later. 

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Store Properly. The I-9 forms should be maintained separately from employment files, and there should be one file for current employees and another for terminated employees. Paper forms can be retained on site or at an off-site facility for the required retention period, as long as you can present the Forms I-9 within three days of an audit request. To store Forms I-9 electronically, any electronic recordkeeping, attestation, and retention system that complies with DHS standards, including most commercially available off-the-shelf computer programs and commercial automated data processing systems, can be used.

Rob Calise is the Managing Director, Employee Benefits. of Cornerstone|Gencorp, where he helps clients control the costs of employee benefits by focusing on consumer driven strategies and on how to best utilize the tax savings tools the government provides. Rob serves as Chairman of the Board of United Benefit Advisors, and is a board member of the Blue Cross & Blue Shield of RI Broker Advisory Board, United HealthCare of New England Broker Advisory Board and Rhode Island Business Healthcare Advisors Council. He is also a member of the National Association of Health Underwriters (NAHU), American Health Insurance Association (AHIA) and the Employers Council on Flexible Compensation (ECFC), as well as various human resource associations. Rob is a graduate of Bryant University with a BS in Finance. 

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