U.S. Citizenship and Immigration Services (USCIS) announced on January 31, 2020 a new version of Form I-9, Employment Eligibility Verification (version 10/21/2019). Employers can use the new Form I-9 now and must use the new Form I-9 beginning April 30, 2020. Beginning April 30, 2020, the prior version of Form I-9 (Rev. 07/17/2017 N) cannot be used.
The new USCIS online fillable form was revised to provide a drop down in Section 1 for the foreign passport “Country of Issuance” field and in Section 2 for the List A passport “Issuing Authority” field that reflects the recent name changes of two countries, Eswatini and North Macedonia (Macedonia, North). The paper form was not revised.
The Form I-9 Instructions were revised for clarification. The 15-page Form I-9 Instructions 10/21/2019 provides clarification/rewording on who can act as an authorized representative for the employer. “An authorized representative can be any person you designate to complete and sign Form I-9 on your behalf.” As a reminder, the employer is liable for any violations in connection with the form or the verification process, including any violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf. Instructions on acceptable documents are at pages 7-12.
Please note there is a “Form I-9 Supplement, Section 1 Preparer and/or Translator Certification” available online. This supplemental form would be used if additional space is needed to complete the preparer and/or translator certification section. If the Form I-9 is completed using the USCIS fillable form then the Supplement would be generated automatically if additional space is needed. For further information, see page 4 of the Form I-9 Instructions.
Foster will continue to monitor developments and will make future updates available on our Firm’s website at www.fosterglobal.com and via future Immigration Updates©. Should you need assistance with your Forms I-9, you can contact your Foster attorney.