On January 31, U.S. Citizenship and Immigration Services (USCIS) released the new Form I-9, Employment Eligibility Verification, along with the updated instructions. Employers must begin using the new version of Form I-9 (dated October 21, 2019) by April 30, 2020 [85 F.R. 5683, 1-31-20].
Employers should begin using the new Form I-9 immediately, but USCIS allows employers 90 days to make necessary updates and adjust their business processes for the new version.
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. The changes are only visible when completing the fillable Form I-9 on a computer.
USCIS updated these items in the instructions:
- Clarified that an authorized representative may be any person an employer designates to complete and sign Form I-9 on its behalf. However, the employer remains liable for any violations in connection with the form or the verification process, including violations of the employer sanctions laws committed by the person designated to act on the employer’s behalf.
- Updated USCIS website addresses.
- Provided acceptable document clarifications.
- Updated the process for requesting the paper Form I-9.
- Updated the Department of Homeland Security Privacy Notice.
To learn more about federal and state laws, regulations, and information to keep your company's payroll operations in compliance, check out Payroll Source Plus!
Jyme Mariani, Esq., is Managing Editor of Payroll Currently and Payroll Information Resources for the APA.