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USCIS Issues New I-9 Form

A new version of the I-9 employment eligibility form has been issued.  It is dated 10/21/19 but will not become mandatory until 5/1/20.  Until May 1, you may use the current form or the new form for new hires.  The new paper form has no changes.  There are some minor changes in the electronic form:

  • Clarifying who can act as an authorized representative to complete the form on behalf of the employer
  • Clarification regarding acceptable documents and how and when to write “N/A”
  • Clarification for List C documents establishing employment authorization.

Additional information and form may be found here. Remember that I-9 forms are required to be maintained separately from the main Personnel Files.

Now might be a good time to conduct an I-9 audit.  There are several steps that need to be followed including:

  • Employers should complete a new I-9 as soon as possible if the form was never completed or is missing.
  • Sections of the form should be completed as soon as possible if never completed. In this case, the form should not be backdated, but should state the actual date employment began in the certification portion of Section 2. A signed and dated explanation of the corrective action should be attached. Employers that made multiple errors in Section 2 or 3 of the form may redo the section(s) containing the errors on a new Form I-9, and attach it to the previously completed form. Employers must give employees the opportunity to present acceptable documentation of the employee’s choice to bring the Form I-9 into compliance.
  • Employers should attach a signed and dated statement identifying any errors or omissions and explaining why corrections could not be made if the employee is no longer working at the organization.  Employers should attach a signed and dated statement identifying errors, omissions or missing forms for each I-9 changed or missing during the audit.
  • Employers should not conceal any changes made on the form—for example, by erasing or using correction fluid.
  • Section 1 corrections can be made by crossing out incorrect information and entering correct information, along with the employee’s initials and date. 
  • If document has expired, complete section 3 on new form and keep with original I-9 form.
  • In Section 2 or 3, the employer can cross out information, enter corrected or missing information and initial and date.

WLG is Here to Help with I-9 and other HR Compliance!

WLG is here to help small and mid-sized companies with their HR compliance, and at very reasonable cost.  WLG employs an experienced HR consultant (Rita Vogel) who can meet with you and conduct a quick and cost-effective HR audit. She can quickly identify areas of need and risk. Our HR consultant can help your company put together a policy manual that is tailored to the specific needs of your business, not a “one-size-fits-all” handbook. WLG’s HR consultant is readily available by phone or in person to assist your company with day-to-day HR decisions, and often help you avoid creating problems or unintentionally making situations worse.  Finally, WLG’s seasoned employment lawyers work closely with its HR consultant and can step in when necessary to provide more in-depth legal advice, as well as to defend against claims that may be filed at government agencies or in court.

Click here for more information about WLG’s HR consulting and employment law compliance services.