As you may know, federal law requires employers to verify the identity and employment authorization of all employees hired in the United States by completing and retaining a Form I-9 for each employee at the time of hire. This requirement applies to both citizens and non-citizens. U.S. Citizenship and Immigration Services has just released a new version of this form, dated November 14, 2016.
Use of the Revised Form I-91Employers may continue using the previous Form I-9 (dated March 8, 2013) through January 21, 2017. However, beginning January 22, 2017, employers MUST use the new version. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers; click here for more information regarding the storage and retention rules.
Noteworthy Changes for Revised Form I-9
- Section 1 now asks the employee to list “other last names used” in Section 1, rather than “other names used.”
- Section 1 certification for certain foreign nationals has been streamlined
- Prompts have been added to ensure information is correctly entered
- Multiple preparers and translators may now be entered
- A supplemental page for the preparer/translator has been added
- Instructions for completing Form I-9 have been separated from the form, and now include specific instructions for completing each field
- Completion of the new Form I-9 on a computer will be aided by enhancements such as drop-down lists, calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions and an option to clear the form and start over.
If you have any questions regarding the revised I-9 or any other employment related issues, please contact one of our employment attorneys: Amy Katz (akatz@outsidegc.com); Jacqueline Piscitello (jpiscitello@outsidegc.com) or Christine Zebrowski (CZebrowski@outsidegc.com).
If your questions pertain to completion of Form I-9 for your foreign national employees, please contact one of our immigration attorneys: Lori Geisinger (lgeisinger@outsidegc.com) or Jackie DiSanto (jdisanto@outsidegc.com).
This publication should not be construed as legal advice or a legal opinion on any specific facts or circumstances not an offer to represent you. It is not intended to create, and receipt does not constitute, an attorney-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal questions you may have. Pursuant to applicable rules of professional conduct, portions of this publication may constitute Attorney Advertising.
