On January 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) published a notice in the Federal Register to announce that an updated version of the Form I-9, Employment Eligibility Verification (Rev. 10/21/19) is available that all employers must begin using it by May 1, 2020.
The USCIS allowed employers to start using the updated form right away for new employees and provided extra time for them to adjust their hiring processes to incorporate the new version. The prior version of Form I-9 (Rev. 7/17/2017) will be obsolete effective April 30, 2020.
The New Form I-9
So, what has changed in this new version of the form itself? The answer is not much. On the paper version of the form (as opposed to the fillable version), only the revision/version date, expiry date, and the Office of Management and Budget (OMB) date on the top right-hand corner of the form have changed. On the fillable version of the form available on the USCIS website, the Country of Issuance field (Section 1) and the Issuing Authority field (Section 2) dropdown response options were updated to add “Eswatini” (replacing “Swaziland”) and “Macedonia, North” (replacing “The Republic of Macedonia”) to reflect recent name changes for those countries.
New Changes
There have been changes made to the Form I-9 instructions with respect to several items.
- Clarifications as to who may act as an authorized representative on behalf of the employer (anyone designated to complete and sign the I-9)
- Updated USCIS website address
- Clarifications to List B – differentiation of Government ID option from Driver’s License
- Differentiation between an Employment Authorization Document (Form I-766) from List A and an Employment Authorization Document issued by the Department of Homeland Security (DHS) found on List C
The USCIS also published a revised Spanish version of Form I-9 with a revision date of 10/21/2019. The Spanish version may only be completed in Puerto Rico. For all other U.S. states and territories, the Spanish version is available for reference when completing the English form.
The Handbook for Employers M-274, the guidebook for completing Form I-9, has been updated to correspond to the new form. Employers can find this updated guide and additional information on the I-9 Central page of the USCIS website.
The penalties for not conforming to the Immigration and Nationality Act, enforced by U.S. Immigration and Customs Enforcement, are significant. Using the outdated Form I-9 after May 1, 2020, can result in penalties ranging from $230 to $2,292 per violation.
BREAKING NEWS
Due to the COVID-19 pandemic, employers can temporarily inspect Form I-9 Section 2 documents remotely and retain copies until normal business operations resume. The physical inspection requirements are deferred until May 18, 2020, OR, within three business days after the termination of this National Emergency. Employers should also enter “COVID-19” as the reason for the physical inspection delay in the Section 2 Additional Information field. Employers must conduct remote inspections within three business days of the employee’s start date and retain the documentation provided.
Please refer to the DHS website for the required process for physically inspecting these documents once normal operations resume.
NOW AVAILABLE: REVISED M-274, GUIDANCE FOR COMPLETING FORM I-9
The USCIS has published an updated version of the M-274 Handbook for Employers. The new version includes revisions and updates regarding the new Form I-9, Employment Eligibility Verification.
The government’s I-9 Central webpage has this updated Handbook for Employers: Guidance for Completing Form I-9. The USCIS is also offering a free webinar on the Form I-9 with more information.
(Read Dana’s last article on The New W4 Form)
