At a glance
- Though a new Form I-9 (10/21/2019 edition) takes effect upon Federal Register publication, employers will have another 90 days to use the prior version (07/17/17 edition), according to USCIS.
- Employers should not complete new Forms I-9 for employees already verified unless reverification is required.
A closer look
A new version of the I-9 employment eligibility form (10/21/2019 edition) is expected to be available to employers tomorrow, but the prior version (07/17/17 edition) will remain in effect for 90 days thereafter, according to an advance notice. Specific implementation dates for the form will be announced once the notice is published in the Federal Register.
The July 2017 I-9 employment eligibility form remained in use beyond its August 31, 2019 expiration date. Shortly before its expiration, USCIS announced that employers should continue to use that version until further notice.
According to the advance notice on the new I-9 form, the revised version has added additional countries to the Country of Issuance field in Section 1, among other minor changes which are only visible when completing the fillable Form I-9 on a computer.
Other revisions to Form I-9 instructions will include:
- Clarification on who can act as an authorized representative on behalf of an employer;
- Updated USCIS website addresses;
- Clarifications pertaining to acceptable documents;
- An updated process for requesting the paper Form I-9; and
- An update to the DHS Privacy Notice.
Fragomen will issue further updates after the new I-9 form is published.
As a reminder, employers should only complete new Forms I-9 for employees who require reverification. Unnecessary verification of employment eligibility may violate anti-discrimination laws.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.