Complete Story
02/26/2020
Employers Must Use A New I-9 Form For 2020
Source: Jeffrey Winchester, Fisher Phillips, February 5, 2020
The federal government just released an updated Form I-9, and although you aren’t required to use the new version until May 1, 2020, best practices dictate that you should start using it immediately. It has been a few years since United States Citizenship and Immigration Services (USCIS) updated the Form I-9, which verifies the identity of new hires and ensures they are authorized to work in the United States. But with this recent announcement, you should take immediate steps to come into compliance or risk financial penalties.
Changes To The Form Are Minor, But Changes To The Instructions Are Important
The new version (which is dated October 21, 2019) brings only a very subtle change to the form itself. Specifically, USCIS 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, because those countries recently announced name changes.
However, this change is visible only when completing the fillable Form I-9 on a computer. In short, the paper version of the new I-9, except for the date in the lower left-hand corner, will look identical to the current version dated July 17, 2017.
As for changes to the form’s instructions, those are a bit more substantive:
- Updated website addresses and other contact information – interestingly, the instructions no longer contain contact information for the Immigrant and Employee Rights Section of the Department of Justice.
- Clarification as to who can act as an authorized representative on behalf of an employer. The instructions make clear that employers can designate “any person” to complete and sign Section 2 of the I-9 on the employer’s behalf. The instructions also make clear that the employer, not the authorized representative, is liable for any violations committed in connection with the I-9, “including any violations of the employer sanctions laws committed by” the authorized representative. The lesson here: while you may choose anyone to serve as an authorized representative, choose carefully and make sure they understand how to correctly fill out Section 2.
- Instruction that employers who enter information in Section 2, List A should not enter N/A in Lists B and C (and vice versa).
- Updates on the process for requesting paper Form I-9s (as an alternative to printing them from the USCIS website) and an updated Department of Homeland Security (DHS) Privacy Notice.
