Revised Employment Eligibility Verification Form I-9 Released January 31, 2020

All U.S. employers must verify identity and work authorization for each employee hired within the U.S., including citizens and non-citizens, using “Form I-9, Employment Eligibility Verification” (the I-9 Form or Form).

The I-9 form directs the employee to present specified documents evidencing identity and employment authorization and sign Section 1 upon hire. The employer must: (i) examine these documents to determine whether they reasonably appear genuine and relate to the employee; (ii) record the document information on the form; (iii) retain the fully-completed form for a designated period (either three years after the date of hire, or one year after the date employment is terminated, whichever is later); and (iv) make the form available for inspection by authorized government officers.

On January 31, 2020 the U.S. Citizenship and Immigration Services (USCIS) issued the revised  I-9  Form (Rev. 10/21/2019). Employers may continue using the 2017 version until April 30, 2020. The minor changes include:

Form. Added new countries when selecting a foreign passport (sections 1 and 2); and

Instructions. Updated USCIS’s website addresses and DHS Privacy Notices, and clarified the list of acceptable documents and who can be an authorized employer representative.

The USCIS also published a supplemental document for use if more than one preparer and/ or translator assisted the employee in completing Section 1.

For general guidance, employers can download the USCIS’s comprehensive “M-274: Handbook for Employers: Guidance for Completing Form I-9” (Handbook), which includes information on completing and correcting the form, reverifying or updating employment authorization, and frequently-asked questions.

For further assistance in complying with the new laws, please contact Tim Bowles, Cindy Bamforth or Helen a Kobrin.

Cindy Bamforth

February 14, 2020