October 2, 2022

Volume XII, Number 275


September 30, 2022

Subscribe to Latest Legal News and Analysis

New Form I-9 Required Effective January 22

United States Citizenship and Immigration Services (USCIS) has issued a new version of Form I-9, which employers may begin using immediately. The new version of the Form (dated 11/14/2016) is available here https://www.uscis.gov/i-9. Employers may continue using the old version of the Form (dated 03/08/2013) until January 21, 2017.

Notable changes to the new Form I-9 include:

  • The Form now asks for “other last names used” rather than “other names used.” This change seeks to avoid potential discrimination issues and to protect the privacy of transgender individuals who have changed their first names.

  • When completed electronically, the Form now contains drop down boxes and calendars, as well as on-screen instructions for each field.

  • The new Preparer and/or Translator Certification requires employees to state whether they used a preparer or translator to assist in completing Section 1. A new Form I-9 Supplement is also available, providing additional Certification areas for multiple preparers and/or translators.

  • The new Form includes a dedicated area for including additional information so it will no longer be necessary to write certain information (such as that related to OPT extensions) in the margin of the Form.

  • For electronically completed Forms, a matrix barcode will now appear when the Forms are printed, allowing for streamlined enforcement audits.

A new 15-page set of instructions is available for the new Form I-9, but the Handbook for Employers has not yet been updated. USCIS has indicated that the Handbook will be updated in the near future.

©2022 MICHAEL BEST & FRIEDRICH LLPNational Law Review, Volume VI, Number 322

About this Author

Jose Olivieri, Michael Best Law Firm, Higher Education, Labor and Immigration Attorney
Partner, Industry Group Chair

José is the founder and co-chair of Michael Best’s immigration law practice. Clients depend on his deep knowledge of and experience with U.S. immigration law and employment-based immigration matters, including:

  • Immigration status

  • Permanent labor certification

  • National interest waiver

  • Adjustment of status

  • Consular processing

  • Citizenship and...

Kelly M. Fortier, Michael Best Law Firm, Business immigration, Attorney

Kelly helps employers of all sizes meet their staffing needs by handling the immigration issues they face in hiring foreign nationals and moving employees around the globe.

A partner in the firm’s Labor and Employment Relations practice group and Co-chair of the Immigration and International Migration team, she handles compliance issues for corporations that transfer dozens of employees into and out of the United States each year as well as small companies seeking to bring in a few key hires from abroad.

Kelly is highly...

Kelly Rourke, Michael Best Law Firm, Immigration and Employment Attorney

Kelly assists employers with administrative law matters, focusing her practice primarily on employment-based immigration.

She regularly helps clients meet critical staffing needs by obtaining nonimmigrant status for foreign workers and securing and maintaining legal permanent residence for foreign nationals. To this end, she handles an array of nonimmigrant petitions, applications for labor certification, adjustment of status and naturalization filings, consular processing matters, motions to reopen, and motions to reconsider. She also...