New Version of I-9 Form Must be Used Beginning 01 May 2020

The U.S. Citizenship and Immigration Services (USCIS) has released a new version of form I-9, the employment eligibility verification form. Employers may start using the new I-9 form now, but must use it after April 30, 2020. Although the I-9 form appears to be innocuous and simple to use, many employers have been subject to significant fines for failure to complete the I-9 process correctly. Employers should follow the instructions on the form carefully and follow a consistent policy in asking for documentation from employees.

Background on Form I-9

All U.S. employers must establish the employment eligibility of prospective employees using form I-9. The form establishes that an employee has presented the employer with sufficient evidence of her/his identity and employment authorization. More details on the I-9 process are available in the MurthyDotCom NewsBrief, Form I-9 Compliance for H1B Employers (11.May.2017).

Revisions to Form I-9 Instructions

The new version of the I-9 is very similar to the current version of the form, however, employers may find some of the updated instructions useful. Specifically, the USCIS clarifies that an authorized representative can be anyone the employer designates as such, but the employer is liable for any violations on the form, even if the employer used a representative to complete the employer’s portion of the form. Additional changes to the form I-9 instructions include minor changes to the acceptable documentation section and updates to both the USCIS website addresses and the DHS privacy notice.

Conclusion

In order to ensure compliance with USCIS regulations, employers should transition to using the new I-9 form by the April 30, 2020, deadline. Employers can download an electronic version of the form now, or order paper versions using the link in the I-9 instructions.

Copyright © 2020, MURTHY LAW FIRM. All Rights Reserved