Employers who are still using paper forms , should also take this opportunity to check out a compliant electronic I-9 and E-Verify software application, which is designed by attorneys and experts in the field. Electronic I-9 applications such as the Guardian system by LawLogix facilitate the entire I-9 and E-Verify workflow and provide much-needed peace of mind in the wake of increasing I-9 enforcement.
Citizenship and Immigration Services released another new version of the Form I-9, Employment Eligibility Verification, which went into effect on September 18, 2017. As you may recall, from an update earlier this year, USCIS published a revised version of the form on November 14, 2016, which included a number of changes within the form and was redesigned to be easier to fill out on a computer. That new form went into effect on January 22, 2017, and expired on September 17, 2017. Therefore, beginning on September 18, 2017, the new version of the I-9 must be used for any new verifications. The new I-9 form has several minor changes, including updated instructions and the list of acceptable documents outlined in Section B of the form. For example, the new form’s instructions amends the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
E-Verify AND FORM I-9
The Consular Report of Birth Record (Form FS-240) has been added to List C. When completing Form I-9 on a computer, employers will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented the document. Employers are still required to present the instructions to the employee completing the form, however. A dedicated area to enter additional information that employers are currently required to notate in the margins of the form, such as Temporary Protected Status and Optional Practical Training extensions.
The new version of the form should be used until August 31, 2019, unless USCIS revises the form again before then. News, trends and analysis, as well as breaking news alerts, to help HR professionals do their jobs better each business day.
Employers Should Not Complete the New Form-I-9 for Most Current Employees
An employer who fails to ensure proper completion and retention of Forms I-9 may be subject to monetary penalties and, in some cases, criminal penalties. Employers must maintain Forms I-9 during the employment and after termination for three years after the date of hire or one year after the date the employment ended, whichever is later. Accordingly, the USCIS renumbered all List C documents except the Social Security card . If you are an employer, you do not have to file Form I-9 with your local, state, or federal government.
If you have any questions regarding the revised Form I-9 or any other aspect of employment authorization and verification, please let us know. We compile HR best practices, labor law updates & other content to help you pay and manage your workforce more effectively. These AALRR publications are intended for informational purposes only and should not be relied upon in reaching a conclusion in a particular area of law. Applicability of the legal principles discussed may differ substantially in individual situations. Receipt of this or any other AALRR presentation/publication does not create an attorney-client relationship. The Firm is not responsible for inadvertent errors that may occur in the publishing process.
New Form I-9 Released
It must be ensured that the employees complete Section 1 of the form no later than the first day of employment. However, the employers cannot ask anyone to complete Section 1 of the form until acceptance of a job offer. Employees must attest to their employment authorization, providing necessary information and presenting legal documents confirming identity and employment authorization. Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire. Employees must complete Section 1 of the form upon commencing employment. The employer must complete Section 2 within three days of the employee’s starting date at work.
- Employers must use Form I-9 to verify the identity and employment authorization of their employees.
- This provision applies to employers of three or more workers and covers both hiring and termination decisions.
- The top of the page has buttons to access instructions, print the form, and clear the form to start a new form.
- The new form is available on the USCIS website and on most electronic Form I-9 software programs.
- On Jan. 31, 2020, USCIS published theForm I-9 Federal Register noticeannouncing a new version ofForm I-9, Employment Eligibility Verification, that theOffice of Management and Budget approvedon Oct. 21, 2019.
- While the revisions to the form are fairly subtle, it is important for employers to use and accurately complete the correct form to remain in compliance and avoid potential penalties.
Since 2009, Immigration & Customs Enforcement has conducted over 7,500 audits and imposed over $80 million in fines. In 2011 alone, ICE conducted 2,740 audits and assessed over $7 million in fines. U.S. citizens who have lost their social security card can apply for a duplicate at the Social Security Administration. One document that establishes identity together with another document that establishes employment eligibility . This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents.
USCIS has a number of resources to help employers understand Form I-9, including a free webinar and a handbook for employers. The new Form I-9 is available at the USCIS website, in fillable or unfillable pdf format. Employers that fail to use the new form may be assessed penalties by USCIS.
- The new I-9 form has several minor changes, including updated instructions and the list of acceptable documents outlined in Section B of the form.
- HRdirect’s I-9 and W-4 app walks you through an automated, online authorization process to ensure you meet all federal recordkeeping requirements and avoid costly mistakes.
- In an effort to demystify the new Form I-9 , we’ve compiled the following information and best practices to help you ensure a smooth rollout at your organization.
- For example, the new form’s instructions amends the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
- One document that establishes identity together with another document that establishes employment eligibility .
- Employers filling out the smart version must still print the Form I-9, obtain handwritten signatures, store the Form I-9 in a safe place, monitor reverifications with a calendaring system, and retype information into E-Verify if the employer participates in E-Verify.
You should consult an attorney for individual advice regarding your own situation. You should not act, or refrain from acting, based upon any information at this website. Neither our presentation of such information nor your receipt of it creates nor will create an attorney-client relationship with any reader of this blog. Any links from another site to the blog are beyond the control of Pullman & Comley, LLC and do not convey their approval, support or any relationship to any site or organization. Any description of a result obtained for a client in the past is not intended to be, and is not, a guarantee or promise the firm can or will achieve a similar outcome. Bullard Law counsels employers, in Oregon and throughout the Pacific Northwest, on labor relations, employment litigation and preventative advice, and employee benefits.
How to Fill Out USCIS Form I-9?
The requirement that workers provide only other last names used in Section 1, rather than all other names used. This is to avoid possible discrimination issues and to protect the privacy of transgender and other individuals who have changed their new i9 form for 2017 first names, Fay said. Validations on certain fields to ensure information is entered correctly. The form will validate the correct number of digits for a Social Security number or an expiration date on an identity document, for example.
Regardless of the documents that the employee provides, detail the identification information by entering the document title, issuing authority, document number, and expiration date in their respective boxes. U.S. citizens and all work authorized individuals are protected from document abuse. The list of acceptable documents that employees may present in order to establish identity and employment authorization remains unchanged. https://www.bookstime.com/ The first and most obvious change is a revision to List C in the list of acceptable documents, which now includes a new document type called the Consular Report of Birth Abroad (Form FS-240), which is issued to certain employees born overseas to a US citizen parent. The FS-240 has actually been in use for a long time, and so this change should help some employers that were previously told it was not acceptable.
An employer’s failure to record a new hire’s identity and employment authorization on the proper version of Form I-9 may be considered a substantive violation. Substantive violations or uncorrected technical violations can subject an employer to civil fines ranging from $216 to $2,156 per employee. As the Administration is focusing on immigration worksite compliance, we recommend employers review current compliance practices and procedures to ensure that all requirements are being met. Form I-9 has three sections, requiring both an employee and an employer to complete.