Tag: employment eligibility verification

Employment Based Immigration: New Form I-9, Employment Eligibility Verification

Employment Eligibility VerificationOn November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised version of Form I-9, Employment Eligibility Verification (“Form I-9”). Employers can continue to use the most recent version dated March 8, 2013 until January 22, 2017. By January 22, 2017, employers must use only the new version or face serious fines.

Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act (IRCA). IRCA prohibits employers from hiring people, including U.S. citizens, for employment in the United States without verifying their identity and employment authorization using Form I-9.

Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals. The revised Form I-9 is easier to complete using a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each blank item, easy access to the full instructions, and an option to clear the form and start over.

Additionally, prompts have been added to ensure the information is entered correctly, and now employers can enter multiple preparers and translators. There is a dedicated area for including all additional information rather than having to add it in the margins. There is also a supplemental page for the preparer/translator. When the employer prints the completed form, a quick response (QR) code is automatically generated, which can be read by most QR readers and may be used to streamline audit processes.

The instructions have been separated from the form, consistent with other USCIS forms, and include specific instructions for completing each field.

ARTICLE BY Elise S. Levasseur of Dickinson Wright PLLC

© Copyright 2016 Dickinson Wright PLLC

U.S. Citizenship and Immigration Services (“USCIS”) Form I-9 Finally Makes Its Appearance

The National Law Review recently published an article, U.S. Citizenship and Immigration Services (“USCIS”) Form I-9 Finally Makes Its Appearance, written by W. Chapman Hopkins of McBrayer, McGinnis, Leslie and Kirkland, PLLC:

McBrayer NEW logo 1-10-13

U.S. Citizenship and Immigration Services (“USCIS”) just announced the long-awaited new Form I-9, Employment Eligibility Verification.  Although the previous form expired on August 31, 2012, employers have continued using the previous form pending the issuance of the revised form.

As before, all U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States, including citizens and non-citizens. The form requires input from both the employee and employer (or an authorized representative of the employer). Although the new form is largely substantively the same, several stylistic changes were made in order to make it easier to read and more user-friendly.

For example, the instructions are clearer and there are new distinct data fields for employee information. The entire document consists of nine pages, with only two of these (pages 7 and 8) requiring completion. When providing the form to employees to fill out, however, it is important to provide the entire form so that they may read all instructions.

If your business maintains an electronic I-9 system, you should receive an update from your vendor about implementation. If you use paper versions, you can access the form here. It is a fillable PDF file, but may also be completed by hand. Despite only two pages requiring information, the form in its entirety should be kept on file.

Employers can start using the new form immediately, but must use it after May 7, 2013, as the old form will no longer be accepted after that date. Failure to use the new form could result in fines and penalties. Remember that required government forms are free, so you should never have to pay to be in compliance.

The USCIS provides in-depth detail about Form I-9, however government instruction is not legal advice.

© 2013 by McBrayer, McGinnis, Leslie & Kirkland, PLLC