On November 14, 2016, US Citizenship and Immigration Services (USCIS) released a revised version of the Employment Eligibility Verification Form I-9. The current form remains valid until January 21, 2017, but on January 22, 2017, all employers must begin using the new version in order to remain compliant with the I-9 regulations. Under these regulations, employers are obligated to have each member of its active US workforce complete a Form I-9 upon hire. Employers are also required to retain these forms for its active US workforce, as well as for terminated employees pursuant to specific retention rules.
Unlike the previous two-page version of the Form I-9, the newly released Form is three pages in length and reflects a few key differences. Notably, in Section 1, the Employee is prompted to enter "Other last names used" instead of just "Other names used" as was prompted in the previous version.
Additionally, the Employee must now specifically notate whether or not he or she was assisted by a preparer or translator in completing Section 1 of the Form. An I-9 Supplement Form is now available to provide additional certification areas where multiple preparers and/or translators were used to complete Section 1 of the form.
In Section 2 of the Form, the Employer must not only include the name of the Employee at the top of the page, but also indicate his or her Citizenship/Immigration Status by using the number that corresponds with the Employee's selection in the Section 1 attestation box (i.e. (1) US Citizen, (2) Noncitizen National, (3) Lawful Permanent Resident, or (4) Alien Authorized to work).
Additionally, there is a box in Section 2 specifically designated for "Additional Information." This box can be used to enter additional information regarding Employment Authorization Extensions, H-1B extensions, Employee termination dates and form retention dates, E-Verify Case numbers or discrepancies that must be explained, and any other comments or notations necessary for the employer's business processes.
Section 3 of the Form has now been moved to Page 3 and like Section 2, the Employee's name must be written on the top of the page.
The online version of the Form includes several drop-down options that should allow for fewer mistakes when completing the form. For example, accepted State abbreviations will now pre-populate in certain boxes. This will help avoid any incorrect abbreviations that often result in technical violations under audit. USCIS attempted to make the form more computer-friendly, however paper forms are still completely acceptable and Employers can continue that practice, if it is a part of their regular onboarding protocols. USCIS also anticipates the release of an updated M-274 Handbook soon and recommends Employers refer to the new I-9 Form Instructions for guidance in the meantime.
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