The U.S. The U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, the Employment Eligibility Verification form. The form is needed by employers in the US to confirm the identity and work permit of employees. The new form aims to be more frictionless and simpler for both employers and employees.
In this post, we’ll explain what are the main changes to the new Form I-9 and what you should know to remain compliant with U.S. immigration law.
What’s New on the Revised Form I-9?
Form I-9 version v2 has several major updates that simplify and make the process more user-friendly. The biggest news: Below are the most important updates:
1. Shorter Sections for Easier Completion
The most important is that the fields of the form have been trimmed. Now parts 1 and 2 are shortened to fit on one page. USCIS divided some fields into shorter and more compact sections so the form is easier for both employers and employees to fill out.
2. Enhanced Preparer and Translator Certification (Supplement A)
The Preparer and/or Translator Certification, which was once part of the original form, is now Supplement A. This is why employers can give it to workers so they can fill it out themselves which eliminates confusion and simplifies things.
3. Separate Reverification and Rehire Statement (Supplement B)
Previous version: Section 3 of the I-9 form was for employment authorization verification during a rehire or re-verification. Supplement B is now separated from the others in these changes. This makes it simpler for employers to manage workers who need to be reverified (eg, temporary workers).
4. Terminology Changes for Clarity
The words in the form have been revised to make them more comprehensible. “alien authorized to work” has been replaced by “noncitizen authorized to work.” The “noncitizen national” vs. “noncitizen authorized to work” is now stated so employers know which kinds of employees they are allowed to employ.
5. Better Mobile and Tablet Compatibility
The new form is mobile and tablet-friendly. Employers and employees can fill out the form electronically from work, home, or anywhere else with this release.
6. More Concise Instructions
The Instructions for the Form I-9 have been slashed from 15 pages to 8 pages. The change is so that employers can quickly access what they’re looking for without getting drowned in long, rambling commands.
7. Updated Anti-Discrimination Guidelines
On the top of the new Form I-9 are new instructions for employers on how to not discriminate in employment screening. It’s about ensuring that employers treat all employees equally (regardless of citizenship and immigration status) and with fairness in the application of the law.
8. Alternative Document Examination Procedure
The new Form I-9 now has a new checkbox. This checkbox is for employers to mark when they have used another document-examination procedure regulated by the Department of Homeland Security (DHS). It’s an alternative process to a physical review of employee documents done in person.
What Is The Effective Date For The New Form I-9?
This is the new version of Form I-9 (Rev. 08/01/23) commenced to be used on 1 August 2023. However, employers can still access the previous version (Rev. 10/21/19) until October 31, 2023. It’s no longer valid for any older version of the form after this date and all employers need to use the new version.
Why Compliance is So Important
Employers should fill out and keep Form I-9 for all of their new hires. The form is fundamental to US immigration law, and a breach of the I-9 can come with significant fines. These can be civil or criminal, depending on the type of violation. Furthermore, To not be a problem, use the right form and updated one, with all the instructions taken care of. You can stay legally risk-free and get your employees recorded to prevent potential claims. Also, Download the new Form I-9 right from the USCIS website so you have the most recent version.
Why Employers Must Use the New Form I-9
The U.S. Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, which employers must use to verify the identity and employment eligibility of their employees. Understanding the legal requirements and implications of using this new form is essential for compliance and avoiding penalties.
Legal Requirements for Using the New Form I-9
Employers are legally required to complete Form I-9 for every new employee hired after November 1, 2023. The form must be filled out correctly and submitted within specific timeframes:
- Section 1: Employees must complete this section by the end of their first day of work.
- Section 2: Employers must complete this section by the end of the third business day after an employee starts working.
Failure to comply with these requirements can lead to significant legal repercussions.
Consequences of Using Outdated Forms
If employers continue using outdated versions of Form I-9 after the new version is released, they may face serious consequences:
- Noncompliance Penalties: Employers can incur fines ranging from $252 to $2,507 per violation, depending on the severity and frequency of noncompliance.
- Increased Scrutiny: Continued use of old forms may attract attention from immigration enforcement agencies, leading to audits and further investigations.
- Employment Verification Issues: Using outdated forms can complicate the verification process, potentially resulting in delays or denials of employment eligibility.
Impact of the New Form I-9 on Remote and Virtual Hiring
The new Form I-9 has specific implications for employers hiring remotely or virtually.
Changes to the Remote Verification Process
With more companies adopting remote work policies, the process for verifying employee documents has evolved. Employers must now ensure compliance with remote verification requirements while maintaining the integrity of the I-9 process:
- Remote Document Verification: Employers enrolled in E-Verify can conduct remote verification under certain conditions, allowing them to examine documents via video conferencing.
- Documentation Procedures: Employers must still ensure that all required documents are reviewed in a timely manner, even when conducted remotely.
Compliance During Virtual Interviews
Employers conducting virtual interviews should take specific steps to comply with I-9 requirements:
- Inform Candidates: Communicate what documents candidates need to provide during the interview.
- Document Review: Use video calls to visually inspect documents while adhering to I-9 verification guidelines.
- Record Keeping: Maintain accurate records of remote verification processes as part of compliance documentation.
Understanding Section 1 and Section 2 of the New Form I-9
The new Form I-9 consists of two main sections that both employees and employers must complete accurately.
Section 1: Employee Information
In this section, employees provide personal information including:
- Full name
- Address
- Date of birth
- Employment authorization status
Changes and Common Mistakes
Recent updates may include changes in how certain fields are filled out or additional required information. Common mistakes include:
- Failing to sign or date the form
- Providing inaccurate personal information
- Not indicating citizenship or immigration status correctly
Section 2: Employer Verification
Employers are responsible for completing this section by examining acceptable documents that establish identity and employment eligibility.
Key Changes and Mistakes to Avoid
Changes may include updated lists of acceptable documents or new procedures for documenting verification. Common errors include:
- Accepting expired documents
- Failing to record document numbers accurately
- Not completing this section within the required timeframe
The Role of Document Review in the New Form I-9
Employers must thoroughly review various types of documents employees can use to prove their identity and employment eligibility.
Acceptable Documents
Employees can present different categories of documents, including:
- List A: Documents that establish both identity and employment authorization (e.g., U.S. passport).
- List B: Documents that establish identity (e.g., driver’s license).
- List C: Documents that establish employment authorization (e.g., Social Security card).
Compliance in Document Review
Employers should ensure compliance by:
- Examining Original Documents: Always verify original documents rather than photocopies.
- Recording Information Accurately: Document details such as issuing authority and expiration dates correctly.
- Training Staff: Provide training on acceptable documents and proper review procedures to avoid discrimination claims.
How the New Form I-9 Affects Employers’ Record-Keeping
Employers have specific record-keeping responsibilities regarding Form I-9 compliance.
Retention Requirements
Employers must retain completed Forms I-9 for each employee for three years after their hire date or one year after termination, whichever is longer.
Penalties for Non-Retention
Failure to retain Forms I-9 can result in penalties similar to those incurred for improper completion, including fines ranging from $252 to $2,507 per violation.
Recommendations for Organizing Records
To streamline record keeping:
- Electronic Storage: Consider digitizing Forms I-9 for easier access and management.
- Organized Filing Systems: Maintain a systematic filing system that allows quick retrieval during audits or inspections.
- Regular Audits: Conduct periodic audits of your I-9 records to ensure compliance with current regulations.
How Employers Can Avoid I-9 Audits and Penalties
Maintaining compliance with Form I-9 is crucial for employers to avoid audits from U.S. Immigration and Customs Enforcement (ICE) and potential penalties. This guide outlines effective strategies for ensuring proper I-9 compliance, the consequences of errors, and best practices for ongoing adherence to regulations.
Tips for Maintaining Proper I-9 Compliance
1. Stay Updated on Regulations
Employers must stay informed about changes to Form I-9 and related regulations. The latest version of the form was released on August 1, 2023, and became mandatory on November 1, 2023. Regularly checking the USCIS website for updates or subscribing to their alerts can help ensure compliance.
2. Implement a Comprehensive I-9 Policy
Developing a clear I-9 compliance policy that outlines responsibilities for both HR personnel and employees can minimize confusion. This policy should include:
- Who is responsible for completing each section of the form?
- How long completed forms must be retained.
- Procedures for correcting errors.
3. Conduct Regular Training
Training sessions for HR staff and employees on how to properly complete Form I-9 are essential. Topics should include:
- Understanding acceptable documents.
- Correct completion of Sections 1 and 2.
- The importance of timely submission.
4. Perform Periodic Audits
Establish a system for regularly auditing completed Forms I-9. This proactive approach allows employers to identify discrepancies or errors before they attract ICE scrutiny. Audits should focus on:
- Ensuring all forms are complete and signed.
- Verifying that documents presented are valid and correctly recorded.
Consequences of Errors or Omissions
Errors or omissions on Form I-9 can lead to significant consequences, including:
1. Legal Penalties
Employers may face fines ranging from $252 to $2,507 per violation, depending on the severity of noncompliance. Common issues include:
- Failure to complete the form within the required timeframes.
- Incorrect information is recorded in Sections 1 or 2.
2. Correcting Mistakes
If errors are discovered, employers must take immediate action to correct them:
- Section 1: Employees can correct their information but must initial changes.
- Section 2: Employers must document corrections in a separate section or use Supplement B if necessary.
Failure to address mistakes promptly can result in increased penalties during an audit.
Best Practices for Ongoing I-9 Compliance
To ensure continued compliance with Form I-9 requirements, employers should consider the following best practices:
1. Maintain Accurate Records
Employers must retain completed Forms I-9 for three years after the employee’s hire date or one year after termination, whichever is longer. Organizing these records systematically—whether electronically or in physical files—can facilitate easy access during audits.
2. Utilize E-Verify
Employers can enhance their compliance efforts by enrolling in E-Verify, which allows them to electronically confirm an employee’s eligibility to work in the U.S. E-Verify provides an additional layer of verification beyond Form I-9.
3. Foster a Culture of Compliance
Encouraging a workplace culture that prioritizes compliance will help mitigate risks associated with hiring unauthorized workers. Regular communication about the importance of Form I-9 compliance can reinforce this culture.
Using the New Form I-9 for Employee Reverification
When employees’ work authorization documents expire, employers must use the new Form I-9 to complete re-verification.
Reverification Process
- Timing: Employers should initiate re-verification before an employee’s work authorization expires.
- Completion: Use Section 3 of the new Form I-9 to document verification, including details about the new documents presented by the employee.
Differences from Previous Versions
The new Form I-9 simplifies the verification process by allowing all necessary information on a single page, making it easier for employers to manage documentation efficiently.
Common Errors to Avoid When Completing the New Form I-9
Employers should be aware of common mistakes that can lead to non-compliance:
Common Mistakes Include:
- Incomplete Sections: Failing to fill out all required fields in Sections 1 and 2.
- Incorrect Documentation: Accepting expired or invalid documents from employees.
- Timeliness Issues: Not completing Section 2 within three business days of hire.
Tips for Ensuring Accuracy
To avoid these mistakes:
- Double-check all entries for accuracy before submission.
- Ensure that employees understand what documents are acceptable.
What Employers Need to Know About E-Verify and the New Form I-9
E-Verify is an electronic system that verifies employment eligibility and integrates with Form I-9 processes.
Integration with New Form I-9
Employers using E-Verify must ensure that they complete Form I-9 accurately before submitting employee information through E-Verify.
Benefits of Using E-Verify
Utilizing E-Verify alongside Form I-9 offers several advantages:
- Increased Accuracy: E-Verify helps confirm that employees are authorized to work, reducing the risk of hiring unauthorized individuals.
- Streamlined Processes: The integration simplifies compliance by providing a clear verification path post-I-9 completion.
Frequently Asked Questions (FAQs) About the New Form I-9
Employers often have questions regarding the new Form I-9 process:
- What documents are required?
- Employees must present acceptable identification documents as specified in the new form instructions.
- When must the new Form I-9 be used?
- The new form is mandatory for all new hires as of November 1, 2023.
- What if an employee’s work authorization changes?
- Employers must complete re-verification using Section 3 of the new form when an employee’s work authorization expires or changes.
With this updated USCIS Form I-9, employment eligibility checks can be easier and faster for both employers and employees. You can know what these changes are, and do what you need to to ensure that your business meets the requirements of U.S. immigration. Just keep in mind if you have the correct version of the form and follow the new steps you won’t get penalized and your hiring cycle will stay on track.
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