{"id":241,"date":"2020-02-03T00:00:00","date_gmt":"2020-02-03T00:00:00","guid":{"rendered":"https:\/\/norrismclaughlin.com\/njelb\/2020\/02\/03\/employers-dhs-releases-new-revised-form-i-9-employment-eligibility-verification\/"},"modified":"2020-02-03T00:00:00","modified_gmt":"2020-02-03T00:00:00","slug":"employers-dhs-releases-new-revised-form-i-9-employment-eligibility-verification","status":"publish","type":"post","link":"https:\/\/norrismclaughlin.com\/njelb\/personnel-practices\/employers-dhs-releases-new-revised-form-i-9-employment-eligibility-verification\/","title":{"rendered":"Employers: DHS Releases New Revised Form I-9, Employment Eligibility Verification"},"content":{"rendered":"
The United States Citizenship & Immigration Services (USCIS) has again changed the Form I-9, Employment Eligibility Verification. On January 31, 2020, the USCIS released the long-awaited revised Form I-9, Employment Eligibility Verification (Form I-9), with an edition date of \u201c10\/21\/2019.\u201d The changes are minor and the USCIS has accordingly revised its \u201cHandbook for Employers: Guidance for Completing Form I-9.\u201d<\/p>\n

Though Form I-9 went into effect on January 31, 2020, the USCIS has permitted employers to continue using the prior version of the form until April 30, 2020. The USCIS has given employers additional time to make the necessary updates and adjust their business processes accordingly.<\/p>\n

What is Form I-9?<\/strong><\/h2>\n

Form I-9, Employment Eligibility Verification<\/a>, is \u201cused to verify the identity and employment authorization of individuals hired for employment in the United States.\u201d All employers in the United States are required to implement procedures for the use of Form I-9 to ensure its proper completion for each individual that is hired for employment in the United States\u2014citizens and noncitizens alike.<\/p>\n

Failure to properly complete, retain, and store Form I-9 may have significant implications on employers from civil penalties to criminal prosecution depending on the severity of the underlying Form I-9 issues raised following a Department of Homeland Security random inspection, audit, or worksite raid. As was the case when\u00a0I wrote about the last Form I-9 revision in July of 2017<\/a>, \u201cthe Department of Homeland Security [continues to] increase[] employer immigration compliance enforcement and employer immigration policies and regulations are in a constant state of change. Daily, employers are caught off guard when Immigration & Customs Enforcement agents come knocking on Human Resources\u2019 door, seeking to conduct random Form I-9 audits.\u201d<\/p>\n

The 2017 Form I-9<\/strong><\/h2>\n

That last Form I-9 revision was released on July 17, 2017<\/a>, with a Form I-9 expiration date of August 31, 2019. The 2017 revision included \u201cadding the Consular Report of Birth Abroad. . . to List C. . . . All List C documents [were] renumbered and USCIS combined all of the certifications of report of birth that the United States Department of State issues. . . under List C, Selection C, Number 2.\u201d<\/p>\n

Since\u00a0USCIS failed to release a revised Form I-9 prior to August 31, 2019<\/a>, the USCIS directed employers to continue using the expired Form I-9 until a revised version was released. This caused great confusion with employers. Many in New Jersey and Pennsylvania raised concerns of penalties as a result of future Form I-9 audits and random Department of Homeland Security inspections when agents review Form I-9s completed on the expired version.<\/p>\n

As a best practice, employers should consider attaching memorandums to the expired Form I-9s, noting the USCIS directive requiring the use of an otherwise expired federal government form.<\/p>\n

The Revised Form I-9<\/strong><\/h2>\n

The Department of Homeland Security has made the following revisions to the Form I-9:<\/p>\n