The New Form I-9 – Employment Eligibility Verification

The New Form I-9 – Employment Eligibility Verification

The new Form I-9 became effective and was required to be filed starting January 22, 2017. This version, dated November 14, 2016, replaced the former version dated March 8, 2013, which is now obsolete. Employers need to ensure that they are filing the proper version of the form. Failure to implement the updated form, leave the Company susceptible to penalties. Penalties for paperwork error violations range $216 – $2,156. Penalties for a first offense of knowingly hiring or employing unauthorized aliens range from $589 – $4,313.

Specific changes to the new form include the following:

• Section 1 –
o other names used (if any) has been changed to other last names used (if any)
o inputs available for more than one preparer/translator

• Section 2 –
o a section has been added for citizenship/immigration status
o a section specific to additional information, as needed

In addition, if the form is filled out by using a computer, automatic fill-ins and updates to drop down menus have been updated to ease filing. The employer verifying eligibility for employment must be present while the form is filled out. Technological advances such as Skype or GoToMeeting, are not allowed under the regulatory provisions.

As always, it is recommended that the instructions be read prior to filling out the information on the form to ensure that the information is appropriately completed.

There are three ways available to file Form I-9:

• Complete manually and print the document directly from the USCIS website.
• Complete electronically, print and sign manually. The form is not considered completed by using the online fillable form and must be printed and signed to remain in compliance with rules and regulations of filing Form I-9.
• Hire a third-party for assistance with form completion.

The USCIS has started issuing redesigned green cards and employment authorization documents starting May 1, 2017, however, both new and existing documents are acceptable for Form I-9.

Please feel free to contact WithumSmith+Brown with any questions or assistance on the preparation and completion of the updated Form I-9, by filling out the form below.