Effective January 22, 2017, employers must use the updated version of Form I-9, dated 11/14/2016 N, Employment Eligibility Verification published by the U.S. Citizenship and Immigration Services (USCIS).
The revised Form I-9 is mandatory, and employers who continue to use the version dated 3/8/2013 N, are subject to all applicable penalties under section 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE). Form I-9 must be completed and maintained by all employers for all employees hired in the United States after November 6, 1986.
The new version of the Form I-9 contains a number of new features, including:
- Addition of prompts, and electronic drop down lists and calendars, to ensure information is entered correctly;
- Revised instructions;
- Clarification of “other last names used” rather than “other names used, and the numbering of immigration status categories for Section 1”;
- Details and ability to select multiple prepares and translators;
- Inclusion of a dedicated area for additional information rather entering notes in the margins, including the auto-extension of and individual’s work status, if necessary.
We caution employers who utilize electronic I-9 vendors to confirm with the vendor that their I-9 form is appropriately updated. We also suggested that employers review and update their employee handbooks/manuals to comply with the change. Of course, all employers should review and updated their handbooks/manuals on a yearly basis to comply with legal and business related changes.
The new Form I-9 can be accessed on the USCIS website: http://www.uscis.gov/I-9.