On November 18, 2016, the U.S. Citizenship and Immigration Services (“USCIS”) published a final rule amending the regulations on employment-based immigrant and non-immigrant visa programs. This update is related to changes to the Form I-9 only and does not cover any changes to the visa programs.
The new Form I-9 is available at USCIS’s website here.
Beginning January 22, 2017, all new hires must complete the updated Form I-9. The form last updated on March 8, 2013, currently in use, will no longer be valid.
The major changes to the Form I-9 are technical. If new hires complete the form on the computer, there is a new smart form that is designed to reduce common technical errors on the form. This smart form is not an electronic form. This distinction means that once an employee has filled out the smart form, employers must still print them and obtain handwritten signatures unless they use digital I-9 software.
The smart form has a variety of new features although the required information does not change. The Form I-9 instructions are embedded into the form and will automatically pop-up if the cursor hovers over one of the fields. There are drop-down menus and calendars embedded in the form. The form will automatically populate “N/A” sections when certain options are selected.
If new hires complete the form on paper, make sure to use the version of the form titled, “Form I-9 Paper Version.” If you use the paper version, make sure that new hires are given both a copy of the form and the accompany 9-page instruction sheet. They are now separate from the form itself.
Employers should continue to be vigilant about properly completed I-9 forms. On August 1, 2016, USCIS nearly doubled the fines for violating Form I-9 regulations.
Please feel free to contact TKG&K’s employment law division to discuss the new Form I-9 and the changing regulatory landscape in employment law.
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