New I-9 Now in Effect

The transition to the new I-9 Form is now complete.  Employers must now use the new I-9 Form, which contains few changes from the last revision. Here is the quick link and some important information on the changes.

The new form can be found at https://www.uscis.gov/i-9.

The new form contains better interface for on-line use including:

• Validations on certain fields to ensure information is entered correctly. The form validates the correct number of digits for a Social Security number or an expiration date on an identity document.
• Drop-down lists and calendars.
• Embedded instructions for completing each field.
• Buttons that allow users to access instructions electronically, print the form and clear the form to start over.
• Additional spaces to enter multiple preparers and translators. If the employee does not use a preparer or translator to assist in completing section 1, he or she must indicate so on a new check box labeled, "I did not use a preparer or translator."

In addition, the new form has been updated in the following additional ways: 

• Requires workers to provide only other last names used in Section 1, rather than all other names used. This is meant to avoid possible discrimination issues.
• Immigrants authorized to work no longer need to provide both their Form I-94 number and foreign passport information in Section 1.
• A new "Citizenship/Immigration Status" field has been added at the top of section 2.
• A dedicated area to enter additional information that employers are currently required to notate in the margins of the form, such as Temporary Protected Status and Optional Practical Training extensions.
• A quick-response matrix barcode, or QR code, that generates once the form is printed that can be used to streamline enforcement audits.
• Separate instructions from the form. Employers are still required to present the instructions to the employee completing the form, however.

It is important to remember that this new smart I-9 form is not an "electronic I-9" as defined in the regulations.  Employers filling out the new form I-9 using Adobe Reader still need to print the form, obtain handwritten signatures, store in a safe place, monitor reverifications and updates with a calendaring system, and retype information into E-Verify as required.