Use of the New Form I-9
USCIS has announced that as of January 31, 2020, employers should begin using Form I-9 with an expiration date of “Expires 10/31/2022” (in the upper right hand corner), and a revised date “10/21/2019” (in the bottom left hand corner), to comply with their employment eligibility verification responsibilities. Employers may download the new Form I-9 (Rev. 10/21/2019) from the USCIS website.
Employers may continue using the prior version of Form I-9 (Rev. 07/17/2017) until April 30, 2020. USCIS is allowing employers this additional time to make necessary updates and adjust their business processes.
After April 30, 2020, however, the prior version of Form I-9 will no longer be valid for use and will be obsolete. After April 30, 2020, employers who fail to use Form I-9 (Rev. 10/21/2019) may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).
Employers do not need to complete the new Form I-9 (Rev. 10/21/2019) for current employees who already have a properly completed Form I-9 on file, unless reverification applies. Unnecessary verification may violate the INA’s anti-discrimination provision, section 274B of the INA, 8 U.S.C. 1324b, which is enforced by the Immigrant and Employee Rights Section (IER) in the Department of Justice’s Civil Rights Division.
Obtaining Forms I-9 (Rev. 10/21/2019)
Employers may download the new Form I-9 (Rev. 10/21/2019) from the USCIS website. Employers can order the paper Form I-9 here. For more information, the public can contact the USCIS Contact Center at 800-375-5283 or visit USCIS’ I-9 Central web page.
Source: Federal Register
Ciana Williams, Esquire
Employment Counsel, SPHR
MidAtlantic Employers’ Association
*This Alert is provided for general informational purposes only and does not constitute legal advice.