The choice of a lawyer is an important decision and should not be based solely on advertisements. During an audit or investigation, Immigration and Customs Enforcement agents or auditors may find technical or procedural violations. In that situation, an employer is given 10 business days to make corrections. For all substantive and uncorrected technical violations, an employer may receive a monetary fine, and in certain situations may face criminal prosecution. All U.S. employers are required to ensure they have a complete and proper Form I-9 for each individual hired for employment in the United States.

Shen said that the normal balance form is “pretty smart, but it’s not perfect. Using it is not a safe harbor.” He added that it’s important for HR to continue to be familiar with immigration-related anti-discrimination laws to stay compliant. If an employer asks too many questions of foreign workers about documents or doesn’t accept a valid document, then it could be exposed to liability. “Note that not all acceptable documents are included in the dropdown menus,” he said. Even though the scenario is not common, an employer may receive an acceptable document that is not listed and can be open to a discrimination charge if it is rejected. In March 2020, DHS eased its standards for in-person Form I-9 verification and decreased audits due to COVID-19 closures.

Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. Another modification lessens the administrative burden on foreign workers.

Until the ACFR grants it official status, the XML rendition of the daily Federal Register on FederalRegister.gov does not provide legal notice to the public or judicial notice to the courts. Members may download one copy of our sample forms and templates for your personal use within your organization. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organization’s culture, industry, and practices.

III. Use of the Updated Form I-9

For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA’s archives.gov. Labor & employment february 2009 use of new i-9 form delayed as we reported last month, the federal register published the united states citizenship and immigration services interim final rule revising the types of documents employers may… On October 31, 2022, the current Form I-9 is slated to expire and undergo significant structural changes. So long as current employees have a valid Form I-9 already on file, new Form I-9s will not need to be completed for them. After October 31, 2022, however, the new form must be used for all new hires and certain rehires.

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. Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification.

The acceptable documents list and retention requirements have remained the same. Citizenship and immigration services has released a new versionof form i9, employment eligibility verification. As of january 22, 2017, employersmust use the updated form.backgroundfederal law requires…

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If any of the form’s pages are missing or are from a different edition of the form, we may reject your form. A .gov website belongs to an official government organization in the United States. These markup elements allow the user to see how the document follows the Document Drafting Handbook that agencies use to create their documents. These can be useful for better understanding how a document is structured but are not part of the published document itself. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. USCIS is holding a national teleconference on Jan. 31 to review the latest enhancements to the Form I-9 and answer questions from the HR community.

For example, if there is nothing to enter in the fields asking for a middle initial, or apartment number or Social Security number, those fields can no longer be left blank. “The form substitutes for training and helps guide people to not make the same mistake over and over again,” Lange said. But she reminded employers that the smart form is not a safe harbor against ICE enforcement, is not integrated with E-Verify nor other HR systems, and cannot store information nor enable reporting. Employers are not required to use the new I-9 on existing employees—one of the most common queries after a new version of the form is released, said Dave Basham, a senior analyst in the verification division at USCIS. USCIS field offices recently started delivering Forms I-94 with ADIT (temporary I-551) stamps as temporary evidence of LPR status without requiring an in-person appearance at the field office. With this new operational process, USCIS has added more ways for applicants to obtain proof of status.

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As of now, DHS is continuing to extend its flexibility regarding the physical presence requirement for I-9 inspection for remote employees until October 31, 2022. After this date, DHS will require employers to verify the physical documents. Therefore, as of November 1, 2022, all NEW employees are required to have their I-9 documents verified in person; by November 3, 2022, all current employees who had their documents verified remotely must provide their documents to their employer in person.

Lange said the employer representative verifying employment eligibility must be in the physical presence of the person being verified and must also see the original documents being presented. The main benefit of using the smart version of the form is that once the employee and employer are finished entering information and click out of the form, all entries are reviewed for the correct format, including entries in blocks that require an N/A. Derosby explained that an employee could, for example, fill in Section 1 online, print it out and sign page 1 before handing it to his or her employer.

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If you are using public inspection listings for legal research, you should verify the contents of the documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507.Learn more here. Although the smart I-9 was an attempt to leverage technology to assist employees and employers in the I-9 process, USCIS stated that using FaceTime or Skype with a new hire to review documents is not permissible under the regulations, Derosby said. The employer must examine the employment eligibility and identity document an employee presents to determine whether the document reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9.

When the current employees provide their documents in person, the employer must update their Form I-9 by adding “documents physically examined” to section 2 or 3, as is applicable. Additionally, the recent Form I-9 updates make it clear that employers are no longer permitted to accept expired Form I-9 List B documents. Section 3 of the form is primarily used to verify the continued employment authorization of the employee. This section, if applicable, is completed at the time that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires. This section may also be used if the employee is rehired within 3 years of the date of the initial completion of the form and to document a name change if Section 3 is otherwise completed.

• Explore multimedia content to learn about what the employment eligibility verification process means to you, including your rights, your roles, your employer’s responsibilities, and your privacy.
• The documents posted on this site are XML renditions of published Federal Register documents.
• However, some of the content may still be useful, so we have archived the page.
• Section 2 of the form collects, within 3 days of the employee’s hire, identifying information about the employer and information regarding the employee’s identity and employment authorization.

If the new hire attests to being a foreign national authorized to work in the U.S., he or she can provide either an alien registration number, Form I-94 admission number or foreign passport number. Previously, foreign nationals authorized to work were required to provide both an I-94 number and foreign passport information. Form I-9 is used for verifying the identity and employment authorization of people hired for employment in the United States. Section 3 regarding reverification has not changed, but any reverifications done after Jan. 22 must be done using the revised form. Reverification must be done when a worker’s employment authorization or employment authorization documentation expires.

Therefore, all U.S. employers should be prepared to implement the new changes, which are intended to simplify and streamline the completion process and help employers to avoid fines, penalties and other worries they regularly face regarding I-9 compliance. Section 2 of the form collects, within 3 days of the employee’s hire, identifying information about the employer and information regarding the employee’s identity and employment authorization. The employee must present original documentation evidencing his or her identity and employment authorization, which the employer must review. Employers and certain agricultural recruiters and referrers for a fee must verify the identity and employment authorization of each individual they hire for employment in the United States on Form I-9, Employment Eligibility Verification. The newest version of the I-9 has been dubbed a “smart I-9” because of the fillable, interactive PDF option that enables users to fill in the fields of the form online before printing and signing a hard copy.

In the newly updated Form I-9, USCIS added Eswatini and North Macedonia to the Country of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 per those countries’ recent name changes. These changes are only visible when completing the fillable Form I-9 on a computer. This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect. Use the PDF linked in the document sidebar for the official electronic format. This site displays a prototype of a “Web 2.0” version of the daily Federal Register.

The employer could then fill in Section 2 and sign the document, making sure to keep the two pages together for retention. Or, a new hire could fill in Section 1 by hand, and the employer could complete Section 2 online, print and sign. Updating the List of Acceptable Documents to include a link to List C documents on the U.S. Previously, some List C documents were unlisted, making this a helpful resource to employers. Explore multimedia content to learn about what the employment eligibility verification process means to you, including your rights, your roles, your employer’s responsibilities, and your privacy. Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

It is not an official legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s govinfo.gov. There are no changes to the document list columns, but dropdown menus common to electronic I-9s are now available on the online form. “The employee needs to affirmatively check a box indicating that he or she did not use a preparer or translator if that’s in fact the case,” Minervino said.

We provide information on employee rights and preventing discrimination in the workplace. The Public Inspection pageon FederalRegister.gov offers a preview of documents scheduled to appear in the next day’s Federal Register issue. The Public Inspection page may also include documents scheduled for later issues, at the request of the issuing agency.

“You can use it to include an E-Verify case number, employee termination date, form retention dates, and any other comments for the employer’s business process,” Miller said. “But make sure whatever comments you write are limited to the Form I-9 or your participation in E-Verify. If your form is the subject of a government investigation, whatever you write on the form is fair game.” Basham said that if an employee is using the online version of the form, Section 2 will self-populate the worker’s full name on page 2.

• All U.S. employers are required to ensure they have a complete and proper Form I-9 for each individual hired for employment in the United States.
• Employers must enter the corresponding numeral from the employee attestation on page 1.
• The list of acceptable documents can be found on the last page of the form.
• Derosby explained that an employee could, for example, fill in Section 1 online, print it out and sign page 1 before handing it to his or her employer.
• Find the latest news and members-only resources that can help employers navigate in an uncertain economy.
• When the economy is unstable, employers are faced with difficult decisions around staffing, pay and benefits.

“This is an important double check for all employers to ensure that this box is completed by the new hire.” He said that while the smart I-9 option is “probably not worth going out of your way to have an employee use,” especially if it will complicate getting it back on time, there’s enough benefit to it that employers shouldn’t write it off completely. Or, the smart form can be partially filled out online before being printed, finished and signed.

Citizenship and Immigration Services, will help you verify your employee’s identity and employment authorization. The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register issues a regulation granting it official legal status.

DHS will publish a Federal Register notice to announce the new version of the Form I-9 once it becomes available. However, some of the content may still be useful, so we have archived the page. Monetary penalties for knowingly hiring and continuing to employ unauthorized workers range from $375 to $16,000 per violation, with repeat offenders receiving penalties at the higher end. Penalties for substantive violations range from $110 to $1,100 per violation. 1 Reason offers payroll services with our great service and straight forward pricing to meet just about every business’ needs.