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Citizenship and Immigration Services, will help you verify your employee’s identity and employment authorization. The documents posted on this site are XML renditions of published Federal Register documents. Each document posted on the site includes a link to the corresponding official PDF file on govinfo.gov. This prototype edition of the daily Federal Register on FederalRegister.gov will remain an unofficial informational resource until the Administrative Committee of the Federal Register issues a regulation granting it official legal status.

• As of january 22, 2017, employersmust use the updated form.backgroundfederal law requires…
• Reducing and simplifying the form’s instructions from 15 pages to 7 pages.
• USCIS is holding a national teleconference on Jan. 31 to review the latest enhancements to the Form I-9 and answer questions from the HR community.
• Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507.Learn more here.
• This repetition of headings to form internal navigation links has no substantive legal effect.

Take note that using the online „smart” version of the form does not qualify as a compliant electronic I-9. If the online fillable version is used, it must be printed and signed pen to paper. Removing PDF restrictions to ensure that the form can be completed on more electronic devices and systems, with the goal of reducing problems some users have had due to software issues. It is used by an employer to verify an employee’s identity and to establish that the worker is eligible to accept employment in the United States.

Veterans Employment & Training

Employers must maintain Forms I-9 for as long as an individual works for the employer and for the required retention period after the termination of an individual’s employment . 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. The OFR/GPO partnership is committed to presenting accurate and reliable regulatory information on FederalRegister.gov with the objective of establishing the XML-based Federal Register as an ACFR-sanctioned publication in the future.

This alternate Form I-94 with an ADIT stamp is an acceptable List A receipt for Form I-9 and E-Verify. On June 24, 2023, USCIS will dispose of E‑Verify records that are more than 10 years old, which are those last updated on or before Dec. 31, 2012. E‑Verify employers have until June 23, 2023, to download case information from the Historic Records Report if they want to retain information about these E-Verify cases. The President of the United States issues other types of documents, including but not limited to; memoranda, notices, determinations, letters, messages, and orders. Buchanan new i9 form, effective january 22, 2017 the uscis is finally going to be issuing a new i9 form, which will be effective january 22, 2017.

To use the enhanced features of Form I-9, use the first link to download the form and save it your computer. Use the second link to open a basic form that can be used on a mobile device. A Spanish-language version of the new Form I-9 is also available at /​i-9 for use in Puerto Rico only. More information and documentation can be found in our developer tools pages. News, trends and analysis, as well as breaking news alerts, to help HR professionals do their jobs better each business day. The new form allows for up to five preparers and/or translators to each sign and date the form in his or her own field.

I-9, Employment Eligibility Verification

„This is an important double check for all employers to ensure that this box is completed by the new hire.” He said that while the smart I-9 option is „probably not worth going out of your way to have an employee use,” especially if it will complicate getting it back on time, there’s enough benefit to it that employers shouldn’t write it off completely. Or, the smart form can be partially filled out online before being printed, finished and signed.

The choice of a accountancyyer is an important decision and should not be based solely on advertisements. During an audit or investigation, Immigration and Customs Enforcement agents or auditors may find technical or procedural violations. In that situation, an employer is given 10 business days to make corrections. For all substantive and uncorrected technical violations, an employer may receive a monetary fine, and in certain situations may face criminal prosecution. All U.S. employers are required to ensure they have a complete and proper Form I-9 for each individual hired for employment in the United States.

Forms Filed with the Appropriate Income Tax Return Related to Employment Taxes:

The employer could then fill in Section 2 and sign the document, making sure to keep the two pages together for retention. Or, a new hire could fill in Section 1 by hand, and the employer could complete Section 2 online, print and sign. Updating the List of Acceptable Documents to include a link to List C documents on the U.S. Previously, some List C documents were unlisted, making this a helpful resource to employers. Explore multimedia content to learn about what the employment eligibility verification process means to you, including your rights, your roles, your employer’s responsibilities, and your privacy. Make their forms available for inspection if requested by authorized U.S. government officials from the Department of Homeland Security, Department of Labor, or Department of Justice.

As of now, DHS is continuing to extend its flexibility regarding the physical presence requirement for I-9 inspection for remote employees until October 31, 2022. After this date, DHS will require employers to verify the physical documents. Therefore, as of November 1, 2022, all NEW employees are required to have their I-9 documents verified in person; by November 3, 2022, all current employees who had their documents verified remotely must provide their documents to their employer in person.

Lange said the employer representative verifying employment eligibility must be in the physical presence of the person being verified and must also see the original documents being presented. The main benefit of using the smart version of the form is that once the employee and employer are finished entering information and click out of the form, all entries are reviewed for the correct format, including entries in blocks that require an N/A. Derosby explained that an employee could, for example, fill in Section 1 online, print it out and sign page 1 before handing it to his or her employer.

Shen said that the smart form is „pretty smart, but it’s not perfect. Using it is not a safe harbor.” He added that it’s important for HR to continue to be familiar with immigration-related anti-discrimination laws to stay compliant. If an employer asks too many questions of foreign workers about documents or doesn’t accept a valid document, then it could be exposed to liability. „Note that not all acceptable documents are included in the dropdown menus,” he said. Even though the scenario is not common, an employer may receive an acceptable document that is not listed and can be open to a discrimination charge if it is rejected. In March 2020, DHS eased its standards for in-person Form I-9 verification and decreased audits due to COVID-19 closures.

Government Contracts

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. These changes are only visible when completing the fillable Form I-9 on a computer. This table of contents is a navigational tool, processed from the headings within the legal text of Federal Register documents. This repetition of headings to form internal navigation links has no substantive legal effect. Use the PDF linked in the document sidebar for the official electronic format. This site displays a prototype of a “Web 2.0” version of the daily Federal Register.

When the current employees provide their documents in person, the employer must update their Form I-9 by adding “documents physically examined” to section 2 or 3, as is applicable. Additionally, the recent Form I-9 updates make it clear that employers are no longer permitted to accept expired Form I-9 List B documents. Section 3 of the form is primarily used to verify the continued employment authorization of the employee. This section, if applicable, is completed at the time that the employee’s employment authorization and/or employment authorization documentation recorded in either Section 1 or Section 2 of the form expires. This section may also be used if the employee is rehired within 3 years of the date of the initial completion of the form and to document a name change if Section 3 is otherwise completed.

The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. On the form, an employee must attest to their employment authorization. The employee must also present their employer with acceptable documents as evidence of identity and employment authorization. The employer must examine these documents to determine whether they reasonably appear to be genuine and relate to the employee, then record the document information on the employee’s Form I-9. 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.

Employers must use Form I-9 to verify the identity and employment authorization of their employees. This Notice contains the dates of both the prior version and the new version of Form I-9 that employers may use, as well as the date when the prior version will become obsolete. 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.

I 9 form 2017 pdf fillable – nys i 9 form

If any of the form’s pages are missing or are from a different edition of the form, we may reject your form. A .gov website belongs to an official government organization in the United States. These markup elements allow the user to see how the document follows the Document Drafting Handbook that agencies use to create their documents. These can be useful for better understanding how a document is structured but are not part of the published document itself. The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. USCIS is holding a national teleconference on Jan. 31 to review the latest enhancements to the Form I-9 and answer questions from the HR community.

Employers using electronic I-9 systems should not experience any direct impact with this form change, Lange said. Failure to use the new form beginning Jan. 22 will expose organizations to penalties, which were recently nearly doubled. On September 25, 2014, USCIS published the first Form I-9 Webinar On-Demand. Choose the chapters of your choice or watch the entire 22 minute video in one sitting.

If you are using public inspection listings for legal research, you should verify the contents of the documents against a final, official edition of the Federal Register. Only official editions of the Federal Register provide legal notice to the public and judicial notice to the courts under 44 U.S.C. 1503 & 1507.Learn more here. Although the smart I-9 was an attempt to leverage technology to assist employees and employers in the I-9 process, USCIS stated that using FaceTime or Skype with a new hire to review documents is not permissible under the regulations, Derosby said. The employer must examine the employment eligibility and identity document an employee presents to determine whether the document reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9.

Farm Employers New Federal I-9 Form Required

Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission. To request permission for specific items, click on the “reuse permissions” button on the page where you find the item. Another modification lessens the administrative burden on foreign workers.

For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA’s archives.gov. Labor & employment february 2009 use of new i-9 form delayed as we reported last month, the federal register published the united states citizenship and immigration services interim final rule revising the types of documents employers may… On October 31, 2022, the current Form I-9 is slated to expire and undergo significant structural changes. So long as current employees have a valid Form I-9 already on file, new Form I-9s will not need to be completed for them. After October 31, 2022, however, the new form must be used for all new hires and certain rehires.

„Use the dropdown to select which document was presented,” Basham said. „We don’t require HR professionals to be document experts. But HR must accept documents presented by an employee if they reasonably appear to be genuine and relate to the individual.” The instructions were more than doubled from six pages to 15 to provide more guidance for users. „The instructions are dense but actually provide a lot of good information to train your HR team,” said Montserrat Miller, a partner in the Washington, D.C., office of Arnall Golden Gregory. „If someone makes mistakes while entering information onto the form and wants to start over, they can hit the Start Over tab,” Basham said. If the HR professional decides to print out the form to be completed, he or she will need to click on the Instructions tab and print those out as well to give to the worker filling it out.

If the new hire attests to being a foreign national authorized to work in the U.S., he or she can provide either an alien registration number, Form I-94 admission number or foreign passport number. Previously, foreign nationals authorized to work were required to provide both an I-94 number and foreign passport information. Form I-9 is used for verifying the identity and employment authorization of people hired for employment in the United States. Section 3 regarding reverification has not changed, but any reverifications done after Jan. 22 must be done using the revised form. Reverification must be done when a worker’s employment authorization or employment authorization documentation expires.