New Form I-9 Must Be Used Starting May 1st
With May 1st just around the corner, employers are reminded that you must begin using the new Form I-9 on May 01, 2020. The version date of the new Form I-9 is 10/21/2019 and can be found in the lower left corner of the form.
The new Form I-9 also comes with an updated version of the Handbook for Employers M-274, which provides guidance to employers in properly completing Form I-9.
USCIS made the following changes to the form and its instructions:
Revised the Country of Issuance field in Section 1 and the Issuing Authority field (when selecting a foreign passport) in Section 2 to add Eswatini and Macedonia, North per those countries’ recent name changes. (Note: This change is only visible when completing the fillable Form I-9 on a computer.)
- Clarified who can act as an authorized representative on behalf of an employer
- Updated USCIS website addresses
- Provided clarifications on acceptable documents for Form I-9
- Updated the process for requesting paper Forms I-9
- Updated the DHS Privacy Notice
Form I-9 is used by employers to verify the identity and employment authorization for individuals hired to work in the U.S. Employers have witnessed a tremendous increase in U.S. Immigration and Customs Enforcement (ICE) I-9 audits. In order to avoid federal sanctions in the face of an I-9 audit, employers should ensure all I-9 eligibility forms are the correct version and are properly completed and retained. To guarantee full compliance with federal regulations, employers should always implement proper hiring processes and procedures and provide I-9 compliance training to those responsible for the hiring and retention of the company’s employees. Employers should also seriously consider conducting annual internal (self) audits to safeguard the company from potential high fines associated with noncompliance should the company be audited by ICE.
Krystal Alanis is a Partner at Reddy & Neumann P.C. She acts as the Managing Attorney for the firm's PERM Labor Certification Department, where she oversees all EB-2 and EB-3 employment based green card matters. She also guides employers and individuals through the I-140 and Adjustment of Status process, assists clients with non-immigrant visa petitions (e.g. H-1B, TN, L-1, etc.), and advises her clients on I-9 compliance issues.