On January 31, 2020, the US Citizenship and Immigration Services (USCIS) finally published the updated Form I-9, as the prior form “expired” on 8/31/2019. Click here for the form.
Employers may use either this new version (which is marked with a 10/21/19 revision date) or the prior 07/17/17 N version until April 30, 2020. Starting May 1, 2020 employers can only use the 10/21/19 version.
Employees must attest to his or her employment authorization and also present documents evidencing their identity and employment authorization to the employer. The list of acceptable documents can be found on the last page of the form.
Once the employee has completed their portion, the employer must examine the employment eligibility and identity document(s) which have been presented to determine whether the document(s) “reasonably appear to be genuine” and “relate to the employee” and record the document information on the Form I-9. Employers must retain the Form I-9 for a designated period and make it available for inspection by authorized government officers.
New Forms
The following forms are available on the USCIS website:
- Form I-9: This is a “smart” fillable version with some basic error-checking
- Form I-9 Paper Version: This form is a non-fillable version that must be printed for completion on paper
- Form I-9 Supplement, Section 1 Preparer and/or Translator Certification: This form must be used if your new hire had more than one preparer and/or translator provide assistance
- Form I-9 Instructions: This form is separate from the form itself
- Form I-9 in Spanish: This form can only be used by employers and employees in Puerto Rico
- Form I-9 Supplement in Spanish
- Form I-9 Instructions in Spanish
What’s New About The New Form I-9?
At first glance there is nothing new about the form as it looks identical to the most recent version (July 17, 2017). There are some minor non-substantive edits to the Form I-9 including a new expiration date at the top right-hand corner.
The USCIS did modify some of the instructions on the Form I-9 and these revisions include the following:
- Clarification on who can act as an authorized representative on behalf of an employer
- Updated the USCIS website addresses
- Provided clarification on the list of acceptable documents
- Updated the process for requesting the paper Form I-9
- Updated the Department of Homeland Security (DHS) Privacy Notice
This Newsletter is intended as a brief summary of employment law. While every effort has been made to ensure the accuracy of the information contained herein, it is not intended to serve as “legal advice,” or to establish an attorney-client relationship. If additional information is needed on any of the topics contained herein, please contact our office. All rights reserved. ©2020.