07 February 2017 Employers reminded of requirement to use revised Form I-9, Employment Eligibility Verification Employers are reminded that on November 14, 2016, the U.S. Citizenship and Immigration Services (USCIS) released an updated version of Form I-9, Employment Eligibility Verification. Employers were required to begin use of the revised Form I-9 on January 22, 2017. Employers that fail to use Form I-9 (rev. 11/14/2016) on or after January 22, 2017 may be subject to penalties. (USCIS news release November 14, 2016, and January 23, 2017.) USCIS also anticipates that it will soon be updating its Handbook for Employers (M-274). Under the Immigration Reform and Control Act, employers are prohibited from hiring employees, including a US citizen, without first verifying their identify and employment authorization using the Form I-9. The Form I-9 must be completed within three business days of hire (on the first day that employment begins for a person hired for fewer than three business days). (M-274.) — An area is dedicated for including additional information rather than having to add it in the margins. — Instructions are now separated from the form, in line with other USCIS forms, and include specific instructions for completing each field. — The form is now easier to complete on a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. When the employer prints the completed form, a quick response (QR) code is automatically generated, which can be read by most QR readers. President Donald J. Trump has identified a commitment to "stem the tide of lawlessness associated with illegal immigration" as a top issue for the Administration. While on the campaign trail, the President stated his intent to "ensure that E-Verify is used to the fullest extent possible under existing law, and to work with Congress to strengthen and expand its use across the country." (Los Angeles Times, August 21, 2016.) In anticipation of potential immigration policy changes under a Trump Administration, businesses should evaluate their compliance with the new Form I-9 and other requirements under the Immigration Reform and Control Act. Employers should also evaluate their use of E-Verify and the ramifications of a potential expansion of its mandatory use.
Document ID: 2017-0269 | |||||||||
