January 9, 2017

Ring in the New Year with a Revised I-9 Form

BY: Cathie Fields

In November 2016, the U.S. Citizenship and Immigration Services published its new I-9 form (click here).  Employers may immediately begin using the new form for new hires and reverifications, and must stop using the old form (identified as version “03/08/13” in the lower left corner) by January 21, 2017.

All employers — public and private — must complete a Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986 to work in the United States. Employers are not required to complete new forms for existing employees or prepare new forms to replace existing forms.

The new I-9 entails only a few significant revisions. The revisions primarily adapt the format so the form can be partially completed online or electronically. Although most of the form may be completed electronically, the form must still be printed out and signed and dated by the employee, employer, and translator or preparer (if applicable).

The instructions for completing the I-9 (click here) balloon from 6 pages to 15 pages, with extensive discussion of the documents listed in List A, List B, and List C.  Notably, no new documents have been added to these lists.

Other significant revisions include:

  • Section 1 asks for “other last names used” rather than “other names used.”
  • A field is designated for including additional information. The instructions suggest this field may be used for:
    • Employment authorization extensions for Temporary Protected Status beneficiaries, F-l OPT STEM students, CAP- GAP, H-1B and H-2A employees continuing employment with the same employer or changing employers, and other nonimmigrant categories that may receive extensions of stay;
    • Additional document(s) that certain nonimmigrant employees may present;
    • Discrepancies that E-Verify employers must note when participating in the IMAGE program;
    • Employee termination dates and form retention dates;
    • E-Verify case number, which may also be entered in the margin or attached as a separate sheet per E- Verify requirements and your chosen business process; and
    • Any other comments or notations necessary for the employer’s business process.

More information regarding the I-9 is available at the USCIS website (click here).

If you have any questions regarding the I-9, E-Verify, or new hire processing, please contact the author or your usual employment law counsel.

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Attorney Bio(s)

cfields

Cathie Fields

Partner

949-453-4260

cfields@aalrr.com

Cathie Fields is a partner in the Irvine office of Atkinson, Andelson, Loya, Ruud & Romo. Since 1997, Ms. Fields has represented school districts, community college districts, and other educational agencies in labor and employment matters, general education issues, and governance matters. She advises clients on employment issues ranging from hiring practices, preemployment inquiries and testing, and disability/accommodation concerns to disciplinary actions, certificated and classified layoffs, leaves of absence, contract drafting and interpretation, and wage and hour law. Additionally, she frequently advises administrators and governing boards regarding public records obligations, board meeting agendas, Brown Act compliance, and conflict-of-interest issues.

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