Employers Must Use Revised Form I-9 on September 18, 2017

No changes to storage — which means that employers may still keep Form I-9s in a single format or a combination of formats, such as paper, microfilm or microfiche, or electronic. For paper I-9s, we continue to recommend a three “binder system” consisting of Active, Reverifications and Terminated I-9s. Employer should keep all of the forms separate from personnel folders and safeguarded due to privacy concerns.

It debits and creditss staff to speak at outreach events throughout the country, and has free informational brochures, posters and tapes for distribution. In October 2004, new legislation made it possible to complete the I-9 electronically. An “Additional Information” field, where the recorder can write in notes that were previously relegated to the margins. A Spanish-language version of the new Form I-9 is also available at /​i-9 for use in Puerto Rico only. These markup elements allow the user to see how the document follows the Document Drafting Handbook that agencies use to create their documents.

Employee

The version date is located in the lower left corner of the I-9 form. When LPRs call the USCIS Contact Center to request temporary evidence of status, an immigration services officer will verify their identity, physical mailing address, and if that address can receive UPS or FedEx express mail. The officer will then either create an in-person appointment if needed or submit a request to the field office to initiate the creation of the temporary evidence.

Form FS-240, Consular Report of Birth Abroad, has been added to List C. For employers completing an I-9 form on a computer, this form can be accessed from the drop-down menus in List C of Sections 2 and 3. E-Verify users can also select Form FS-240 when creating a case where the employee in question has already presented the document. USCIS has also combined all reports of birth certifications issued by the U.S. Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C#2 under List C. In addition, all List C documents have been renumbered with the exception of the Social Security Card.

Employers may terminate the employment only if the employee cannot attest the person’s work authorization by bringing the proof after the start date. Employers must maintain Forms I-9 for as long as an individual works for the employer and for the required retention period after the termination of an individual’s employment . An employer’s failure to ensure proper completion and retention of Forms I-9 may subject the employer to civil money penalties, and, in some cases, criminal penalties. Clarification on who can act as an authorized representative of an employer. Employers may designate anyone to be an authorized representative to complete Section 2, but the employer is still liable for any violations committed by the designated person. For Temporary Protected Status , USCIS either did not issue a Form I-797C receipt to some beneficiaries, or the notices issued did not include the up to 540-day EAD auto-extension period.

Federal Employees’ Retirement System

The purpose of the Form I-9 is to require the employer to establish the employee’s identity and authorization to work in the U.S. The new smart Form I-9 promises to make compliance easier for employers, but until USCIS actually publishes the new form, it is premature to conclude that the form will be error-proof. Further, although the new smart Form I-9 is to be completed on USCIS’s website, it is not an “electronic I-9” as defined by U.S.

• This percentage may change depending on whether the offense being evaluated is the employer’s first offense, second offense, or a third or higher offense.
• In Section 1, the “other names used” field was replaced with “other last names used” to increase privacy for transgender individuals and others who have changed their first names.
• By using this site, you agree to our updated Privacy Policy and our Terms of Use.

The Bill was signed by Governor Jerry Brown in October 2017 and becomes law on January 1, 2018. The Department of Homeland Security (“DHS”) announced on October 11 that employers should continue to use the current I-9 form after the October 31, 2022, expiration date. Susana Solano advises employers and management regarding issues arising out of the employee-employer relationship, including the prevention of employment discrimination, retaliation, harassment, wrongful termination, and … Employers must ensure that all pages of the Form I-9 instructions and List of Acceptable Documents are available, electronically or in print, to all employees completing Forms I-9. As to authorized representatives for the completion of Section 2 of the Form I-9, the new Form I-9 instructions do confirm that any person may be designated to complete and sign the form on the employer’s behalf. The employer, of course, is still liable for errors of their designee in Form I-9 completion.

Form I-9 Inspection

You may request information about an applicant’s identity before making a job offer for purposes of pre-employment background screening. However, the information you gather during the application process can never be used to check someone’s eligibility to work in the United States. For a quick refresher on an employer’s responsibilities, sanctions for noncompliance and discrimination pitfalls, please click here for my January 2017 post. Data captured from July 13 to Aug. 20, 2020, shows that ICE officers arrested more than 2,000 at-large individuals living illegally in the U.S. Before sharing sensitive information, make sure you’re on a federal government site.

The term employers refers to all employers, including those recruiters and referrers for a fee. An employee refers to anyone who performs labor or services of any kind in the United States for an employer in return for wages or other remuneration. Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission.

New Version of I-9 Handbook for Employers Released

USCIS added Eswatini and North Macedonia to the County of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 per those countries’ recent name changes. This change is only viewable on the online fillable version of Form I-9. The introduction of new card designs does not mean that previously issued cards are invalid. Cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of the validity period of the Permanent Resident Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice). Also, some older Permanent Resident Cards do not have an expiration date. These older Permanent Resident Cards without an expiration date remain valid.

These https://1investing.in/s are only visible when completing the fillable Form I-9 on a computer. Shanna supports legal research and content for the product development of next generation HR/compliance solutions at ComplyRight. Since graduating from St. Thomas University, School of Law, Shanna has practiced law for 8 years. Her background also includes B2B sales and marketing as well as firsthand experience as a small business owner. No changes to retention — which means that employers should retain all Form I-9’s for active employees as well as all Form I-9’s for terminated employees for three years from the date of hire or one year from the date of termination, whichever is later. A new I-9 was just released by the federal government with minor changes, outlined below.

If you need help understanding and completing the New Form I-9, you can post a request on UpCounsel’s marketplace. Lawyers on UpCounsel come from law schools such as Harvard Law and Yale Law and have an average of 14 years of legal experience, including work with or on behalf of companies like Google, Menlo Ventures, and Airbnb. Some employers who are familiar with Temporary Protected Status, or TPS, will already be familiar with the procedure. It basically involves updating Section 1 and Section 2 to update the automatic extension start and expiration dates. Also, the U.S.C.I.S. has provided a separate text box in Section2 for employers to add information for which there is no provision made on the form.

An “N” next to the revision date means that Form I-9 with earlier revision dates can no longer be used to verify employment eligibility. A “Y” next to the revision date means the form is valid until USCIS issues a new form with a revision date containing an “N”. Employers do not need to complete a new I-9 for current employees who already have a properly completed Form I-9 on file, unless reverification applies. Once a new employee has completed Form I-9, Employment Eligibility Verification, create a case in E-Verify for this employee.

Box in section 1 of the I-9, in order to address concerns by employees who participate in state address confidentiality, or in a safe-at-home program, who may not want to reveal their addresses. If the form is filled out electronically, it still needs to be printed out and signed by hand. If an entrepreneur’s parole is granted, it is only valid as it relates to collaborating on a specific startup. The Form I-9 revision was motivated mainly by a new Department of Homeland Security rule that relates to non-U.S. The Office of Special Counsel for Immigration-Related Unfair Employment Practices, which governs the enforcement of the I-9, has switched its name to the Immigrant and Employee Rights Section.

The prior Form I-9 which has a 2013 revision date, may only be used until January 21, 2017. Employers should transition to using the new I-9 as soon as possible. Immigration & Customs Enforcement (“ICE”) requires use of the new I-9 no later than January 22, 2017. The Bill amends the state Labor and Government codes and requires California employers to perform various notifications to their employees if U.S. California Assembly Bill is a bold move by the State Legislature to enter the I-9 arena – an area that has long been recognized as within the domain of the federal government.

An employee who knowingly accepts fraudulent documentation can also be criminally prosecuted under other immigration laws. The Immigration Reform and Control Act which introduced the requirement leading to the promulgation of the I-9 form also included anti-discrimination provisions. Under the Act, most U.S. citizens, permanent residents, temporary residents, asylees or refugees who are legally allowed to work in the United States cannot be discriminated against on the basis of national origin or citizenship status. This provision applies to employers of three or more workers and covers both hiring and termination decisions. In addition, an employer must accept any valid document or combination of documents specified in the I-9 form as long as the documents appear genuine. As an employer, complying with Form I-9 requirements is an essential business practice — and mandatory with all new hires.