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Volume X, Number 193

July 10, 2020

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July 08, 2020

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USCIS Introduces New I-9 Form

The long-promised new Form I-9 is now available for use and downloading from the USCIS website. Although it became available for use starting January 31, 2020, there is a grace period.  Employers have up to 90 days (until May 1, 2020) to start using the new form which has the Revision date 10/21/19 on the bottom corner. Failure to use the new form on and after May 1, 2020, will lead to penalties in case of an audit.

There are no changes on the paper form itself.  But there are a couple of changes to the online form and a few non-substantive changes to the instructions.

Here is what is new:

  • On the Online Version of the I-9

    • The addition of Eswatini (previously Swaziland) and North Macedonia (previously Republic of Macedonia) to the Country of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 on the online form

  • In the instructions

    • A new paragraph has been added to the Completing Section 2: Employer or Authorized Representative Review and Verification clarifying that the employer has wide discretion when choosing an authorized representative to complete Section 2 on employer’s behalf.  However, the new instructions also clarify that the employer remains liable for any violations their chosen representative commits.

    • The instructions clarify that when completing Section 2, the employer should not fill in empty boxes with “N/A.” In other words, if you enter a List A document, you can leave the List B and List C section blank.

    • USCIS has also updated various website addresses and other contact information (eliminating phone numbers for the Immigrant and Employee Rights Section), the process for requesting paper Form I-9s, and the DHS Privacy Notice.

It is important to remember that just because a new form has been issued, employers must not complete the new Form I-9 for current employees who already have a properly completed form on file.  In fact, doing so could constitute document abuse.  However, if the employer needs to do a reverification, the new form should be used and attached to the old form.

Jackson Lewis P.C. © 2020National Law Review, Volume X, Number 34

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About this Author

Amy L. Peck, Immigration Attorney, Jackson Lewis, Worksite Compliance Lawyer
Principal

Amy L. Peck is a Principal in the Omaha, Nebraska, office of Jackson Lewis P.C. She dedicates her practice exclusively to immigration law and worksite compliance, and she is Co-Leader of the firm's Immigration practice group.

Ms. Peck is one of 21 Directors elected to serve on the 14,000-member American Immigration Lawyers Association (AILA) Board of Governors. She currently is serving on the Board of Trustees of the American Immigration Council.

Ms. Peck is a member of the AILA National...

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Michael H. Neifach, Jackson Lewis, Employment visa Lawyer, border security matters attorney
Principal

Michael Neifach is a Principal in the Washington, D.C. Region office of Jackson Lewis P.C. He is a recognized leader on immigration, visa and border security matters, and he is Co-Leader of the firm's Immigration practice group.

Mr. Neifach has held senior positions at the White House Homeland Security Council, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (ICE). He served as General Counsel at ICE from July 2007 through January 2009. Following his government service, Mr. Neifach oversaw the Immigration, Compliance, and Homeland Security practice at a boutique immigration law firm until joining Jackson Lewis.

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