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U.S. Citizenship and Immigration Services is announcing a new version of Form I-9, Employment Eligibility Verification. Employers must use Form I-9 to verify the identity and employment authorization of their employees. This Notice contains the dates of both the prior version and the new version of Form I-9 that employers may use, as well as the date when the prior version will become obsolete. The form, used by employers to verify employment eligibility, should be completed for all active employees hired after November 6, 1986, and retained for former employees for the longer of one year from termination or three years from hire.
Employers must retain the completed forms for a designated period and make them available for inspection when called to do so. The Form I-9 instructions explain that employees can present any documentation from the Lists of Acceptable Documents. At the time of hire, all employees can choose to present either an unexpired List A document, or an unexpired List B document together with an unexpired List C document. The Form I-9 instructions tell employers to accept all documents that are sufficient to complete Form I-9 as long as they reasonably appear to be genuine and to relate to the employee. For example, under the Lists of Acceptable Documents, attached to the Form I-9, individuals may present a valid U.S. driver’s license and unrestricted Social Security card to satisfy Form I-9 requirements. For example, under this part of the law employers must not require lawful permanent residents to produce a Permanent Resident, also known as a “green card,” and must not require U.S. citizens who appear “foreign” to produce a birth certificate.
Section 2 must be completed by the employer within three business days. For example, if an employee begins work on a Monday, Section 2 must be completed by Thursday. It requires the employee to present certain documents that demonstrate their identity and work authorization. The employer must examine the document to determine whether they construction bookkeeping reasonably appear to be genuine and to relate to the employee. The new I-9 must be used for any new employees hired on or after Sept. 18, 2017. There is no need to complete the new form for any current employees, and employers should continue to follow existing storage and retention rules for all of their previously completed Forms I-9.
What if the LPR has issues with the delivery or use of this document?
Although current storage and retention regulations remain the same, there are some alterations with the new I-9 form. The new form streamlines the certification process for certain foreign nationals and revised the USCIS’s “List of https://www.bollyinside.com/featured/the-primary-basics-of-successful-cash-flow-management-in-construction/ Acceptable Documents,” specifically updating the “List C” acceptable documents. It is not necessary for employers to redo I-9’s, but all new hires, revisions, and re-verifications should be completed using the revised I-9 form.
- In addition to making sure employees properly complete Section 1, you must accurately fill out Section 2, review all documents presented by the employee and sign and date the form.
- The I-9 instructions now state that Section 1 of the form must be completed “no later than the employee’s first day of employment.” Previous instructions noted this section had to be completed by “the end of” the first day.
- For more information on the new I-9, visit USCIS’s revamped I-9 Central.
- The Form I-9 instructions explain that employees can present any documentation from the Lists of Acceptable Documents.
- This form will be mandatory for all US employers starting September 18th, 2017.
- Form FS-240 can also be used by E-Verify users while creating a case for an employee who has used this document for Form I-9.
Is a women and minority-owned law firm specializing in labor and employment, litigation, government contracts, health care regulatory, and corporate law with offices in Virginia, Washington, D.C., and Maryland. Employers should not complete new Forms I-9 for employees already verified unless reverification is required. Clarifying who may act as an authorized representative and confirming that the employer will ultimately be liable for any violations related to the completion of the form or the verification process. Make sure you use the new version of the I-9 by January 22, 2017, and complete and retain the form in accordance with the law. Through increased fines and a proposed regulation defending its “no-match letter” program, the federal government continues to enforce the prohibition against illegal employment. A new List C Document was added as an acceptable document – a Consular Report of Birth for a U.S. citizen who was born abroad.
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Most of the changes to the Form were intended to simplify its completion via computer and to minimize completion errors. Partner Aim-on Larpisal will head Fragomen’s Bangkok, Thailand office, leading a team of more than 15 immigration professionals and support staff. If you have any questions, please contact the immigration professional with whom you work at Fragomen.
How do I update my I-9 form?
- Complete a new Form I-9.
- Write the original hire date in “The employee's first day of employment (MM/DD/YYYY)” space in Section 2; and.
- Attach the new Form I-9 to the previously completed Form I-9.