January 17, 2017

Employers Must Use New Form I-9 by January 22

On November 14, 2016, United States Citizenship and Immigration Services (“USCIS”) released a revised Employment Eligibility Verification Form I-9 for employer use. Employers must use the updated Form I-9 starting no later than Sunday, January 22, 2017.    

Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals. Other changes include the addition of prompts to ensure information is entered correctly; the ability to enter multiple preparers and translators; a dedicated area for including additional information rather than having to add it in the margins; and a supplemental page for the preparer/translator. The revised form does not change an employer’s obligation to collect or retain Form I-9s.

The revised Form I-9 is allegedly easier to complete on a computer, though early adopters report that the interface has some bugs. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. When the employer prints the completed form, a quick response (QR) code is automatically generated, which can be read by most QR readers.

Employers may download the updated Form I-9 (revision dated 11/14/2016) from the USCIS website.

For more information, please contact Jason Resnick at (949) 885-2253.