Less than one year after a new version was introduced, Form I-9 is undergoing more changes. Employers based in the United States must ensure that all new hires properly complete a Form I-9 in order to verify an individual’s employment eligibility status.
In January 2017, a new version of Form I-9 was introduced that could be completed electronically. Last month, the U.S. Citizen and Immigration Services (USCIS) issued yet another revised version of Form I-9 that will take effect on September 18, 2017. Employers can confirm they are using the correct form by looking at the version and expiration dates. This new version is dated July 17, 2017, which can be found in the lower left corner, with an expiration date of August 31, 2019, which is printed in the upper right corner.
Here employers can find a guide to completing Form I-9, but below we take a look at the changes contained in this latest version.
Complete I-9 on, not during, first day of work
One of the distinctions in the new version of Form I-9 is a minor tweak in language related to when it needs to be completed. USCIS removed the language that employees complete the Form I-9 before the end of their first day, instead requiring it to be complete before employees begin working.
This language change may be intended to prevent employees from conducting any work for the employer before the Form I-9 is reviewed and supporting documentation is verified to establish employment eligibility.
Additions and reorganizations to acceptable documents
As in previous versions, the fourth page of Form I-9 provides a list of acceptable documents to use for proof of identity. While Form I-9 can be filled out electronically, hard copies of unexpired documents must be presented in person to the employer. An employee may present any document from List A or one document each from List B and List C.
The new version of Form I-9 effective September 18, 2017, adds Birth Certificate to List C as an option for documentation. Employers or hiring managers familiar with previous versions of Form I-9 may also notice that document types were aggregated or renumbered within List C.
What employers should do now
While the latest revisions are not significant, it is important that employers are aware that this new version exists and that they begin using it as soon as possible. Employers should discard any older, printed versions of Form I-9 they have on hand, and start using the most recent electronic version for convenience and compliance.
A best practice for employers is to craft the onboarding process so that employees report to orientation with Form I-9 already completed. The electronic form is designed to not allow an employee to finalize the document until all appropriate areas within Section 1 are completed properly, helping to ensure compliance. Ask employees to sign their Form I-9s right away and have the document review and form verification process take place immediately on their first day of employment. This allows time for any issues to be addressed and prevents potentially ineligible workers from completing any job duties, which could expose employers to federal fines.
Companies with questions about Form I-9 or any aspect of new employee onboarding can contact me at firstname.lastname@example.org or 717.394.5666.
Contributed by Danielle J. Hoffer, leader of RKL’s Human Resources Consulting Practice. Danielle advises clients across a wide range of industries on HR projects and issues, including recruitment, employee development and relations, compensation and benefits administration, employment compliance and more. She also manages RKL’s internal human resources function.