USCIS Releases Revised Form I-9 Rev Date 07 17 2017

Now only one page long, the new edition is easier for employers and employees. Other improvements include clearer instructions and providing guidance on acceptable receipts and the auto-extension of some documents found on the Lists of Acceptable Documents. Federal law requires employers to follow Form I-9 and E-Verify rules consistently, regardless of an employee’s citizenship, immigration status, or national origin.

• This updated guidance applies to certain Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of “PAR” and indicates Afghanistan as the country of citizenship on the document, if their parole has not been terminated.
• Grinberg & Segal’s New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S.
• The new I-9 form will still need to be printed and signed as the previous I-9 Form was.
• But, just as employers around the country have grown used to the long and wordy I-9 first issued in 2013, the federal government is beginning to make changes and clamp down harder on violations in several ways.
• The employer must complete Section 2 within three days of the employee’s starting date at work.[2] The employer is responsible for ensuring that the forms are completed properly and in a timely manner.
• The reader also is cautioned that this material may not be applicable to, or suitable for, the reader’s specific circumstances or needs, and may require consideration of non-tax and other tax factors if any action is to be contemplated.
• Both the new computer-friendly version and the traditional pdf-for-printing versions of theI-9 can be found on the USCIS website.

He works with employers and individuals to process and monitor non-immigrant and permanent resident matters, resolve immigration status issues, and ensure compliance with federal law and regulations. All U.S. citizens, lawful permanent residents and work authorized individuals are protected from national origin discrimination. The Equal Employment Opportunity Commission has jurisdiction over employers with fifteen or more employees. Federal law requires that every employer who recruits, refers for a fee, or hires an individual for employment in the U.S. must complete Form I-9, Employment Eligibility Verification. Citizenship and Immigration Services, will help you verify your employee’s identity and employment authorization. Both the new computer-friendly version and the traditional pdf-for-printing versions of theI-9 can be found on the USCIS website.

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Circuit Courts and all administrative appeals Before the Board of Immigration Appeals (BIA) of the Executive Office for Immigration Review; Administrative Appeals Office (AAO) at the U.S. Department of Homeland Security (DHS) as well as before Immigration Courts nationwide. Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through March 3, 2024, the validity of certain EADs issued under the TPS designation for Yemen. Given the time frames for processing TPS re-registration applications, USCIS has automatically extended the validity of certain EADs issued under the TPS designation for Haiti through Feb. 3, 2024. On Jan. 26, 2023, President Biden issued a memorandum directing the secretary of homeland security to extend and expand Deferred Enforced Departure (DED) for certain Hong Kong residents, and to provide for continued work authorization through Feb. 5, 2025.

At the pre-hire stage, an employer may not ask an applicant their citizenship, nationality, immigration status, type of work authorization, or green card status. After hiring the employee, an employer may not request a particular document for the employee to provide to complete the Form I-9; it is the employee’s decision as to what documents they will provide. An employer also may not request more documents than what are required by Form I-9. U.S. Citizenship and Immigration Services (USCIS) has released an updated Employment Eligibility Verification Form I-9 dated July 17, 2017. Employers can use either the latest July 17, 2017 version of the form or the version dated November 14, 2016 from now through September 17, 2017.

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Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Yemen for Temporary Protected Status (TPS) through Sept. 3, 2024. Current beneficiaries who want to maintain their status must re-register between Jan. 3, 2023 through March 4, 2023. Yemeni nationals and individuals having no nationality who last habitually resided in Yemen may submit an initial registration application under the redesignation of Yemen for TPS and apply for an Employment Authorization Document (EAD). Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Haiti for Temporary Protected Status (TPS) through Aug. 3, 2024.

With this new operational process, USCIS has added more ways for applicants to obtain proof of status. This alternate Form I-94 with an ADIT stamp is an acceptable List A receipt for Form I-9 and E-Verify. On June 8, 2023, USCIS announced that certain additional Afghan parolees are employment authorized incident to parole. This updated guidance applies to certain Afghan parolees whose unexpired Form I-94, Arrival/Departure Record, contains a class of admission of “PAR” and indicates Afghanistan as the country of citizenship on the document, if their parole has not been terminated.

WHAT CHANGES ARE COMING TO THE I-9 FORM IN 2017?

Alternately, the photo on a “in person” Form I-94 ADIT stamp is affixed to the top left portion of the Form I-94. Both documents are acceptable for Form I-9, Employment Eligibility Verification, purposes. The Form I-94 will continue to have the DHS seal over the ADIT stamp and the photo. Employers may choose to designate an authorized representative to complete Forms I-9 and conduct an in-person physical document inspection on their behalf. Secretary of Homeland Security Alejandro Mayorkas rescinded the termination of the designation of Nepal for Temporary Protected Status (TPS) and extended TPS for Nepal for 18 months, from Dec. 25, 2023, through June 24, 2025.

Are you using the correct version of the I-9 Form to verify that your new employees are eligible for employment? Employers  must now use only the revised July 17, 2017 version of Form I-9 for employment eligibility verification for new hires. An employer’s failure to ensure proper completion and retention of Forms I-9 may subject the employer to civil money penalties, and, in some cases, criminal penalties. Every employee hired after November 6, 1986 must complete an I-9 form at the time of hire. The employer must complete Section 2 within three days of the employee’s starting date at work.[2] The employer is responsible for ensuring that the forms are completed properly and in a timely manner.

Annual internal Form I-9 audits and periodic third party I-9 audits by qualified professionals are recommended. Use the PDF linked in the document sidebar for the official electronic format. Employees who supply an item from List C (to establish employment eligibility) must also supply an item from List B (to establish identity). Employees who supply https://www.bookstime.com/blog/a-rundown-of-the-new-i-9-form-for-2017 an item from List B (to establish identity) must also supply an item from List C (to establish employment eligibility). Employers should continue to follow existing storage and retention rules for each previously completed Form I-9. For questions about the new I-9 Form and the E-Verify process, please feel free to contact us at Propel HR.

• S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023.
• DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under Honduras’ ongoing TPS designation.
• The officer will then either create an in-person appointment if needed or submit a request to the field office to initiate the creation of the temporary evidence.
• Because correct completion of Form I-9 is both a legal mandate and a legal defense.
• Some employers also use E-Verify, an electronic system that compares a worker’s Form I-9 information with government databases to verify employment eligibility.
• The new version includes several changes designed to reduce errors and make it easier for employers to complete it.
• Employer should keep all of the forms separate from personnel folders and safeguarded due to privacy concerns.

If the Form I-9 instructions require an employer to reverify an employee the instructions allow the employee to present any valid List A document or List C document for reverification. All U.S. employers are required to complete a Form I-9 for every employee hired in order to verify that the individual is authorized for employment in the United States under the Immigration Reform and Control Act of 1986 (IRCA). Beginning September 18, 2017, employers must use the new version of the Form for all new hires and for re-verifying current employees with expiring employment authorization documentation. [Employers should not complete new Forms for existing employees who do not require re-verification.] A best practice would be for employers to begin using the new edition of the form immediately upon its release.

Q: Can I require new hires to present certain documents from the I-9 form’s list of acceptable documents?

Porter Wright Morris & Arthur LLP offers this blog for general informational purposes only. The content of this blog is not intended as legal advice for any purpose, and you should not consider it as such advice or as a legal opinion on any matters. This blog does not necessarily reflect the views of the firm as to any particular matter or those of its clients.

The I-797, Notice of Action, may be related to either a Form I-751, Petition to Remove Conditions, or a Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status. Find more details about this extension on the TPS designation for Somalia page and instructions for completing Form I-9 on the I-9 Central TPS page. On the “delivery” Form I-94 with ADIT stamp, the LPR’s printed photo is located at the top right portion of the Form I-94.

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No changes to retention – which means that employers should retain all Form I-9’s for active employees as well as all Form I-9’s for terminated employees for three years from the date of hire or one year from the date of termination, whichever is later. For U.S. citizens, I-9s are valid continuously unless a break of more than a year of employment occurs. Employers must update or reverify certain ID documents at or prior to their expiration date. Passports or Permanent Resident Cards when they reach their expiration date, nor to any List B documents (e.g., state driver’s licenses and state IDs). The USCIS website, in the Employer section, Employer Bulletins, lists the limited requirements and allowed instances for reverification.

This new version, dated November 11, 2016, will become mandatory on January 22, 2017; however, employers are allowed to use the new or current version of the Form I-9 until January 21, 2017. Myattorneyusa.com is owned and operated by The Law Offices of Grinberg & Segal, PLLC (Grinberg & Segal). Grinberg & Segal is a NYC immigration law firm that consists of highly experienced immigration lawyers licensed to practice state law in New York and New Jersey and U.S. federal law worldwide. Grinberg & Segal’s New York-based immigration, deportation and removal lawyers represent immigrant clients in all fifty states and before U.S. Grinberg and Segal’s immigration lawyers are highly skilled and experienced in all areas of immigration law and related federal litigation including Writs of Mandamus and Habeas Corpus as well as APA Action in Federal District Courts, Petitions For Review in U.S.

New I-9 Form Effective 1/22/2017

If you aren’t sure if your I-9 paperwork has been accurately filled in and updated, it is time to contact your employment law attorney to avoid legal and financial ramifications. With respect to hiring, firing, recruitment or referral for a fee by employers with four or more employees, employers may not treat individuals differently because they are or are not U.S. citizens or work-authorized individuals. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.

• Enter the EAD document number you entered on Form I-9, as well as the EAD expiration date of March 9, 2025.
• For U.S. citizens, I-9s are valid continuously unless a break of more than a year of employment occurs.
• The Form I-94 will continue to have the DHS seal over the ADIT stamp and the photo.
• In the newly updated Form I-9, USCIS added Eswatini and North Macedonia to the Country of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 per those countries’ recent name changes.
• If you aren’t sure if your I-9 paperwork has been accurately filled in and updated, it is time to contact your employment law attorney to avoid legal and financial ramifications.