Important Update – Form I-9 Now Available
Employers: Prepare for I-9 Instructions
I-9 Employment Eligibility Verification
I-9 Forms verify the identity and employment authorization of individuals hired for employment in the US. All U.S. employers must properly complete Form I-9 for every individual they hire for employment – both citizens and noncitizens.
The Process: Employees and employers (or employer designee) must complete the form. Employees present their employer with acceptable documents evidencing identity and employment authorization. Employers then verify the employment eligibility/identity document(s) submitted and record the document information on the Form I-9. Employers are required to retain Form I-9 and make it available for inspection by authorized government officers.
USCIS Changes to the I-9 Form & Instructions:
Revised the Country of Issuance field in Section (1) and the Issuing Authority field (when selecting a foreign passport) in Section (2) to add Eswatini and Macedonia, North per those countries’ recent name changes. (Note: This change is only visible when completing the fillable Form I-9 on a computer.)
- Clarified who can act as an authorized representative on behalf of an employer
- Updated USCIS website addresses
- Provided clarifications on acceptable documents for Form I-9
- Updated the process for requesting paper Forms I-9
- Updated the DHS Privacy Notice
With a 10/21/19 revision date, the new version can be used starting (1/31/20) – or the employer may continue to use the 07/17/17 N version until April 30, 2020. However, beginning May 1, 2020, employers may only use the new form. Penalties exist for using an outdated form. Remember: you don‘t need to update forms for existing employees, just use the new form I-9 for new hires after today. If you use an electronic vendor for your I-9s – whether a stand-alone product or included in your HRIS – observe the coming days and weeks to ensure that the form has been updated and is included in your software!
- One common question is about authorized representatives for Section (2) completion (in the case of remote workers). The rule itself is no different, but the USCIS has clarified the instructions as follows:
“You may designate an authorized representative to act on your behalf to complete Section 2. An authorized representative can be any person you designate to complete and sign Form I-9 on your behalf. You are liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on your behalf.”
- The USCIS has also clarified that you don‘t need to fill in “N/A” for unused fields in Section (2).
- A helpful tool in the instructions is found on 8-11 where there are abbreviations listed for each possible document.
To Download the new Form I-9 click HERE
For questions about I-9 revisions, visit: https://www.uscis.gov/i-9 or contact Wendy Garcia for additional clarification.
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