Are You Ready for the New Form I-9?

Miles & Stockbridge P.C.
Contact

On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. Effective January 22, 2017, employers must use this newly released version for verification of new hires and reverification of current employees. Until then, employers have the option to either continue using the version dated March 8, 2013, or use the new version.

The latest version of Form I-9 introduces certain changes designed to reduce errors and enhance form completion using a computer. The new form includes drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. The instructions have been separated from the form, in line with other USCIS forms, and include specific instructions for completing each field.

Other notable changes include:

  • The “Other Names Used” field in section 1 has been replaced with “Other Last Names Used.”
  • A new “Citizenship/Immigration Status” field has been added at the top of section 2, where the employer is expected to write the number corresponding with the citizenship/immigration status selected by the employee in section 1.
  • Prompts have been added to ensure information is entered correctly.
  • Multiple preparers and translators can now be entered.
  • There is now a dedicated area for including additional information rather than having to add it in the margins.
  • A supplemental page has been added for the preparer or translator.

Under the Immigration Reform and Control Act of 1986, U.S. employers are required to verify the identity and employment authorization of individuals (including both citizens and non-citizens) on Form I-9 for employment in the United States. Employees and employers (or authorized representatives of the employer) must complete respective sections of the form within the mandated time period. On the form, an employee must attest to his or her employment authorization and must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must physically examine each original document an employee presents to determine whether the document reasonably appears to be genuine and to relate to the employee and must record the document information on Form I-9. The list of acceptable documents can be found on the instruction pages of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.

With the introduction of new Form I-9, employers should provide necessary training to individuals responsible for Form I-9 completion. In addition, employers should take the opportunity to review, improve, and update their current Form I-9 policies and procedures to ensure compliance.

Any opinions expressed and any legal positions asserted in the article are those of the author(s) and do not necessarily reflect the opinions or positions of Miles & Stockbridge P.C. or its other lawyers. This article is for general information purposes and is not intended to be and should not be taken as legal advice on any particular matter. It is not intended to and does not create any attorney-client relationship. Because legal advice must vary with individual circumstances, do not act or refrain from acting on the basis of this article without consulting professional legal counsel. If you would like additional information on the subject matter of this article, please feel free to contact any of the lawyers listed above. If you communicate with us, whether through email or other means, your communication does not establish an attorney-client relationship with either Miles & Stockbridge P.C. or any of the firm's lawyers. At Miles & Stockbridge P.C., an attorney-client relationship can be formed only by personal contact with an individual lawyer, not by email, and requires our agreement to act as your legal counsel together with your execution of a written engagement agreement with Miles & Stockbridge P.C.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Miles & Stockbridge P.C. | Attorney Advertising

Written by:

Miles & Stockbridge P.C.
Contact
more
less

Miles & Stockbridge P.C. on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide