From Michael Best, Kelly M. Fortier, José A. Olivieri and Kelly Rourke discuss the requirement that employers use the new I-9 form starting May 1, 2020. Kelly, José and Kelly write:
Starting May 1, 2020, employers will be required to use the latest version of Form I-9 (dated 10/21/2019), which United States Citizenship and Immigration Services (USCIS) released earlier this year. The new Form applies to new hires only. Employers should not complete new Forms I-9 for current employees.
The new Form I-9 is available on USCIS’ website, along with an updated 15-page set of instructions and updated Handbook for Employers, a valuable resource for those handling Form I-9 issues.
The new Form I-9 and instructions include only minor changes, as outlined below:
Form Changes:
Revised the Country of Issuance field in Section 1 and the Issuing Authority field (when selecting a foreign passport) in Section 2 to add Eswatini and Macedonia, North per those countries’ recent name changes. This change is visible only when completing the fillable Form I-9 electronically.
Instruction Changes:
- Clarified who can act as an authorized representative on behalf of an employer;
- Updated USCIS website address;
- Provided clarifications on acceptable documents for Form I-9;
- Updated the process for requesting paper Form I-9; and
- Updated the DHS Privacy Notice.
Note that on March 20, 2020, the U.S. Department of Homeland Security (DHS) announced that it will relax requirements related to Form I-9 completion for certain employees during the COVID-19 outbreak. Additional information is available here.
Given the increased enforcement of immigration-related laws in recent years, employers should use particular care when handling Form I-9 and other immigration-related employment processes and practices. Annual internal Form I-9 audits and periodic third party Form I-9 audits by qualified professionals are recommended. Many mistakes discovered during an audit can and should be corrected.
Please contact Kelly Fortier, José Olivieri or Kelly Rourke with questions or concerns.
Source: Version 10/21/2019 of Form I-9 Required Starting May 1, 2020 – Michael Best & Friedrich LLP
