Employers Must Begin Using New Form I-9 by May 1
On Jan. 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9: Employment Eligibility Verification. The previous version of this form expired Aug. 31, 2019, but USCIS advised employers to continue using the expired form until a new form was made available.
Employers may continue using the prior version of the form until April 30, 2020. With the new form, USCIS has also clarified that employers have the option of initially using either the expired or the new Form I-9. However, employers must begin using the new form exclusively by May 1, 2020.
The paper version of the new form has not changed, but the electronic form shows a few minor changes. Specifically, the new form:
- Lists additional countries (Eswatini and Macedonia) in the country of issuance field;
- Clarifies who can act as an authorized employer representative;
- Updates the USCIS website address;
- Clarifies the list of acceptable documents;
- Updates the process for requesting paper versions of the form; and
- Updates the privacy notice from the Department of Homeland Security.
New Expiration Date
The new Form I-9 was approved by the Office of Management and Budget on Oct. 21, 2019, and has a new expiration date of Oct. 31, 2022.
- All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
- Both employees and employers (or authorized representatives of the employer) must complete the form.
- The list of acceptable documents can be found on the last page of the form.
- Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
- Only employers and employees in Puerto Rico can complete the Spanish version of Form I-9.
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