USCIS has just released the long-awaited new Form I-9. We have spent time pouring over the new form as well as the NINE additional pages of instructions and assembled the Top Ten Changes that employers need to be aware of going forward.
1. The heading now specifically states that “Employers are liable for errors in the completion of [the] form” and the instructions make clear that “employers may be fined if the form is not properly completed.” 2. The instructions now include that if an employee falsely attests to being a citizen the Form can be used in removal (deportation) proceedings. 3. The Employee Attestation section now only requires that an alien authorized to work provide an USCIS Number/A Number OR I-94 Number OR Foreign Passport Information. 4. ALL employees are now required to certify whether or not they were assisted by a preparer or translator in completing the Form. 5. The employee information field at the top of page 2 now requires employers record the citizenship/immigration status attested to in Section 1. This will be a number 1-4. 6. Section 2 now includes an “Additional Information” box for employers to provide any needed explanation for aberrations in the verification process. 7. The name fields for the I-9 administrator have now been divided into separate sections for first and last names. 8. Section 3 now states a rule that employers should only record the information about the employee that has changed. For example, if an employee has changed their last name following a marriage, an employer should only record the new last name. 9. Completing the new Form I-9 electronically automatically does the following: - Employee information is transferred from Section 1 to the top of Section 2. - After completing Section 1, any unused fields are completed with “N/A”. - After completing Section 2, any unused fields are completed with “N/A”. 10. Completing the new Form I-9 electronically provides a variety of new drop down menus which can help employers prevent errors which could lead to fines.
While this is a list of highlights of the new Form I-9, the ADDITIONAL NINE PAGES of instructions are loaded with important information and directions which, if not followed could result in fines and other penalties for employers.
Register today for a 1hr webinar training by business immigration attorneys who will go step by step through the new form and guidelines to ensure 100% compliance.