Learn how Marsh McLennan successfully boosts staff well-being with digital tools, improving productivity and work satisfaction for more than 20,000 employees. Users will notice three tabs on top of the online I-9—Instructions, Start Over and Print—after clicking on the link for the form on the USCIS site. Failure to use the new form beginning Jan. 22 will expose law firm chart of accounts organizations to penalties, which were recently nearly doubled.
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- Or, a new hire could fill in Section 1 by hand, and the employer could complete Section 2 online, print and sign.
- „The employee now 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.
- Employers must ensure that employees have access to the Instructions for completing Form I-9, by providing them either a hard copy or a hyperlink.
- The Trump administration will be focused on I-9 compliance in the coming year, and you can be sure that federal officials will look to employers to ensure that employment eligibility laws are enforced.
Employment Based Forms
However, some of the content may still be useful, so we have archived the page.
I-9, Employment Eligibility Verification
- USCIS has posted a „Form I-9 Paper Version“ containing the empty form for such purpose.
- All U.S. employers must properly complete Form I-9 for every individual they hire for employment in the United States.
- Our primary goal is to help resolve disputes successfully and in a cost-efficient way for our clients.
- HR must always include human intelligence and oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24.
- While well intended for its features, this format will provide some users with maddening experiences in trying to access and download the form.
By virtue of a 2005 law that allows employers to create and store I-9 forms electronically, and the opportunity to balance sheet use electronically completed I-9 systems to generate E-Verify queries, some employers use third party vendor systems for these functions. The new form at a minimum requires only small changes to the I-9 form, but it is increasingly clear that ICE and USCIS expect such systems to result in a completed I-9 form that looks exactly like the paper form that USCIS files generate. It is not clear whether and how such third party systems will or must encode the help features that USCIS‘ computer-assisted form provides. But if the user only wants to print the form and then fill it out by hand, then this electronic file is not the proper tool.
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„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. You can complete Form I-9 electronically on a fillable PDF or by hand by downloading the PDF. The Internet Explorer, Firefox and Safari web browsers will prompt you to open or save the form.
Employers using electronic I-9 systems should not experience any direct impact with this form change, Lange said. Employers must ensure that employees have access to the Instructions for completing Form I-9, by providing them either a hard copy or a hyperlink. Also, the hyperlink on the main Form I-9 webpage returns you to the Instructions above. You have just over two months to switch to the new Form I-9, so it is best to put procedures in place now to make that switch for all new hires to ensure compliance.
„Use the dropdown to select which document(s) was presented,“ Basham said. „We don’t require HR professionals to be document experts. But HR must accept documents presented by an employee if they reasonably appear to be genuine and relate to the individual.“ There are no changes to the document list columns, but dropdown menus common to electronic I-9s are now available on the online form. Another modification lessens the administrative burden on foreign workers. 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 new i 9 forms for 2017 foreign passport information.
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A new field asks for the new hire’s citizenship or immigration status. Employers must enter the corresponding numeral (1, 2, 3, 4) from the employee attestation on page 1. Or, the smart form can be partially filled out online before being printed, finished and signed. Only employers located in Puerto Rico may complete the Spanish-language version of Form I-9 instead of the English-language version. Any employer may use the Spanish-language form and instructions as a translation tool.
Latest Form I-9, Employment Eligibility Verification
- The employer could then fill in Section 2 and sign the document, making sure to keep the two pages together for retention.
- The content and links on are intended for general information purposes only.
- Beginning on Sept. 18, 2017, the new version of the I-9 must be used for any new verifications.
- Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice.
- Links to certain versions of the form and form instructions are provided below.
- Previously, foreign nationals authorized to work were required to provide both an I-94 number and foreign passport information.
- The employee must also present their employer with acceptable documents as evidence of identity and employment authorization.
„Employers must remember that workers can show any document that shows right to work and don’t have to use the same documents they presented when verified previously,“ Shen said. 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 employee now 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. „This is an important double check for all employers to ensure that this box is completed by the new hire.“