New Form I-9 (Finally!)

All HR professionals are (or should be!) extremely familiar with the Form I-9. You may remember back in October 2019, the Office of Management and Budget approved a new version. Just last week, USCIS officially published the Form I-9 Federal register notice announcing the new version of the form and instructing employers on when it goes into effect. You can find the new form and additional information here.

While the new Form I-9 goes into effect immediately, there’s no need to panic—you can continue using the 2017 version while you transition your software and systems. However, beginning May 1, 2020, employers must use the new form with the 10/21/2019 version date (you can find this date in the lower left corner of the form). It’s a good idea to get started making the necessary software changes to ensure you are ready to go in May.

The new Form I-9 is not much different from its predecessor, but it provides a few updates to the instructions:

• It clarifies who can act as an authorized representative on behalf of an employer.

• It clarifies which documents are acceptable.

• It contains an updated USCIS website address.

• It contains an updated process for requesting the paper Form I-9.

• It contains an updated DHS Privacy Notice.

The new Form I-9 also includes Eswatini and North Macedonia in the Country of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 for those who fill out the Form I-9 on the computer.

Form I-9 violations, even accidental or seemingly harmless, can leave employers with expensive fines and hefty legal fees. Regular I-9 audits can catch issues before they turn into major problems, and provide employers and HR professionals with some peace of mind. Please reach out to the myHRgenius attorneys at Thompson Coe by calling 651-389-5007 or emailing us at www.myhrgenius.co to address any and all Form I-9 concerns.

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.