New Version of Form I-9 Is Now Required

The United States Citizenship and Immigration Services (USCIS) has released a new version of Form I-9. Starting this Friday, May 1, 2020, employers must start using Form I-9 Revision 10/21/19. The form is used to verify the identity and employment authorization of individuals (both citizen and noncitizen) hired for employment in the United States. Both employers and employees are responsible for completing their respective sections of the form. Employees are also responsible for providing acceptable documents evidencing identity and employment authorization. Employers are responsible for:

  • Completing Form I-9 for each person on their payroll who is required to complete the form;
  • Retaining and storing Forms I-9 for three years after the date of hire, or for one year after employment is terminated, whichever is later; and
  • Making 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.

What Changed on the Form?

Form I-9 Revision 10/21/2019 includes new content, revised sections, and minor corrections. For example, Sections 4.4, 6.2, and 7.1 all include new information that makes it easier for employers to complete the form. Section 6.2 now provides guidance on verifying employment authorization for Native American employees born in Canada. Section 7.1 provides guidance for state employment agencies that choose to complete Form I-9 for individuals they refer and for employers of individuals referred by a state employment agency. Then in Sections 2.0 and 12.0, text was revised to make clarifications. In Section 12.0, text clarifies that the second List B document in the List of Acceptable Documents does not include the driver’s license or ID card issued by a state or outlying possession of the United States. Section 12.0 also clarifies that employment authorization document issued by the Department of Homeland Security in List C of the List of Acceptable Documents does not include Form I-766, Employment Authorization Document, from List A.

Although the revisions are not substantial, employers must use only the newest version of Form I-9. A copy of the form can be found here.

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