November 17, 2016Client Alert

New Form I-9 Required Effective January 22

United States Citizenship and Immigration Services (USCIS) has issued a new version of Form I-9, which employers may begin using immediately. The new version of the Form (dated 11/14/2016) is available here Employers may continue using the old version of the Form (dated 03/08/2013) until January 21, 2017.

Notable changes to the new Form I-9 include:

  • The Form now asks for “other last names used” rather than “other names used.” This change seeks to avoid potential discrimination issues and to protect the privacy of transgender individuals who have changed their first names.
  • When completed electronically, the Form now contains drop down boxes and calendars, as well as on-screen instructions for each field.
  • The new Preparer and/or Translator Certification requires employees to state whether they used a preparer or translator to assist in completing Section 1. A new Form I-9 Supplement is also available, providing additional Certification areas for multiple preparers and/or translators.
  • The new Form includes a dedicated area for including additional information so it will no longer be necessary to write certain information (such as that related to OPT extensions) in the margin of the Form.
  • For electronically completed Forms, a matrix barcode will now appear when the Forms are printed, allowing for streamlined enforcement audits.

A new 15-page set of instructions is available for the new Form I-9, but the Handbook for Employers has not yet been updated. USCIS has indicated that the Handbook will be updated in the near future.

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