NEW Form 1-9 issued by USCIS

The Department of Homeland Security (DHS) published in the January 31, 2020 Federal Register a new Form 1-9 that must be used beginning May 1, 2020.

The new version of the I-9 is dated 10/21/2019 through 10/31/2022 and MUST BE USED BEGINNING MAY 1, 2020. Employers are free to continue using the previous edition of the form dated 07/17/2017 through April 30 or begin using the new form immediately.

Where to Get the Form

The U.S. Citizenship and Immigration Services (USCIS) publishes a paper Form 1-9 and an electronic, fillable Form 1-9. It is available for downloading on the DOL website, here.

The new version is available in fillable PDF format, print form and in Spanish on USCIS 1-9 central website. The Spanish form may only be used by employers in Puerto Rico and can only be used as a translation guide in the 50 states, Washington, D.C. and the territories. The instructions and the Supplement, Preparer and/or Translator Certification have been updated.

The Form 1-9 is used to verify the identify and employment authorization of individuals hired for employment in the U.S. Employers must properly and correctly complete the I-9 form for each person hired, including citizens and non-citizen and regardless of employment status. Form 1-9 is to be completed and maintained by employers even if the state or other jurisdiction requires the use of E-Verify.

Relevant Changes to the I-9 Form

Change in the Form 1-9, Paper-Version only: Dates in lower-left corner (Effective 10/21/2019) and upper right corner (Expires 10/31/2022).

Changes in the Form I-9, Fillable PDF Version only: Revised the Country of Issuance field in Section 1 and the issuing authority field (to be completed when selecting a foreign passport from two countries based on recent name changes).

Changes in the Instructions for Fillable Form I-9: (1) Clarified who can act as an authorized representative on behalf of an employer. Employers may still designate anyone to be an authorized representative to complete Section 2, but the employer is still liable for any violations committed by the representative. (2) Updated USCIS website addresses (3) Provides clarification on acceptable documents. Writing N/A in the identify document columns is not used and is no longer necessary. Additionally, it clarifies that List C document (such as social security cards and birth certificates) does not need to contain a photo. (4) Updates the process for requesting paper Form I-9. (5) Updates the DHS Privacy Notice.

Employers using the paper-version only will see no meaningful changes in the form. All employers may use the new Form I-9 effective immediately for new hires or re-verification.

Employer Recommendations

Recommendations for employers:

• Begin using the new Form I-9 dated 10/21/2019 (expiration date – 3/31/2022) immediately.
• Discontinue any other Form I-9 when you start using the new form and destroy all previous Form I-9 in your inventory.
• Learn and follow instructions for properly completing I-9s. Ensure that responsible employees are properly trained to follow the instructions for completing them.
• If your Company uses the Electronic Fillable Form I-9, carefully review the instructions and follow the procedures specified for use of the electronic form.
• If your Company is required to use E-Verify, ensure that storage of completed Form I-9 and E-Verify documents is coordinated and complies with storage requirements for them.
• Conduct an I-9 audit of your I-9s and their procedures to correct any deficiencies using the correct procedures specified by the I-9 rules. Many employers can conduct I-9 audit using their own internal resources but others may need to use a third party. The point is that every employer should conduct periodic I-9 audits to identify problem and take corrective action.

To summarize, beginning May 1, 2020, employers MUST use the new Form I-9 (even if the paper version is being used) for all new hires and for re-verifying current employees with expiring employment authorization documents. Consider our recommendations to avoid significant penalties in the event your Company has an I-9 Audit.

If questions, give JER HR Group a call (866) 475-7687 or email. If you have a moment, please meet our team.