Employment Eligibility Verification

Only by navigating to a special page on « I-9 Central », for instance, can one find some arcane but useful instructions for opening and downloading the form using the Chrome browser. Other users have reported problems downloading from other browser software, especially if the user actually uses the paid Adobe Acrobat Professional to create and manipulate PDF documents as opposed to the mere free Adobe Reader software. USCIS strongly urges users to download the pdf file of the fillable form to their desktops and to open the form from there rather than from the USCIS web site. A user must have the Acrobat Reader software downloaded on his or her computer in order to use the computer-fillable form. The new version of the Form I-9 is quite similar to the prior edition, although some fields have been updated and the instructions have been revised. For example, the new version of the form updates the “other names used” field to “other last names used,” provides additional space for multiple preparers and translators, and provides space for additional information.

Careers at USCIS

This Barnes & Thornburg LLP publication should not be construed as legal advice or legal opinion on any specific facts or circumstances. The contents are intended for general informational purposes only, and you are urged to consult your own lawyer on any specific legal questions you may have concerning your situation. While well intended for its features, this format will provide some users with maddening experiences in trying to access and download the form. There is something uniquely weird about the form electronic document and its web site setting that makes it tricky to download.

Current Legal Analysis

USCIS and users are experiencing various technical difficulties with the web site and form at present, and we expect that USCIS will be updating the form to fix glitches without making specific announcements about each update. We suggest that users download the form again as January 22 approaches and again on January 21 to have the latest version with the fewest errors for future use. The U.S. Citizenship and Immigration Services released a new version of the I-9 Employment Eligibility Verification form on July 17.

Related Practices & Jurisdictions

USCIS finally has published the new Form I-9 that has been in the works for a few years and that all U.S. employers will be required to use in onboarding new hires as of January 22, 2017, although they can choose to use it for new hires before then. Employers should start now to prepare themselves for use of this new version, which involves making several practical choices among confusing options and with unpredictable implications. SHRM Members enjoy unlimited access to articles and exclusive member resources. HR must always include human intelligence and new i 9 forms for 2017 oversight of AI in decision-making in hiring and firing, a legal expert said at SHRM24. She added that HR can ensure compliance by meeting the strictest AI standards, which will be in Colorado’s upcoming AI law.

These “smart” enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, access to the full instructions, and an option to clear the form and start over. Additionally, when the employer prints the completed form, a quick response (QR) code is automatically generated, which can be read by most QR readers. The newest version of the I-9 has been dubbed a « smart I-9 » because of the fillable, interactive PDF option that enables users to fill in the fields of the form online before printing and signing a hard copy.

• If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor.
• Section 3 regarding reverification has not changed, but any reverifications done after Jan. 22 must be done using the revised form.
• Failure to use the current version of the form may subject the employer to fines and/or penalties in the event of an audit.
• Employers using electronic I-9 systems should not experience any direct impact with this form change, Lange said.
• Now is the time to ensure that your I-9 form policies and practices are in order, that your Section 2 completers/representatives are properly trained, and that you are ready for any I-9 form audit by U.S.

Revisions to the Form I-9 instructions:

Employers should continue to follow existing storage and retention rules for each previously completed Form I-9. The U.S. Citizenship and Immigration Services released a new version of the I-9 Employment Eligibility Verification form on July 17. Employers may use the new version or the prior version until Sept. 17, 2017. Beginning on Sept. 18, 2017, the new version of the I-9 must be used for any new verifications. The January 22 date falls after accounting the inauguration of Donald Trump as President. While it is conceivable that the current Congress or the new President could invalidate the new form before its required effective date, that seems unlikely, given that the form changes are designed to reduce the chances of employment of unauthorized workers.

• As of January 22, 2017, all employers must use the new I-9 Forms released by the United States Citizenship and Immigration Services (USCIS) for new hires.
• But if the user only wants to print the form and then fill it out by hand, then this electronic file is not the proper tool.
• USCIS and users are experiencing various technical difficulties with the web site and form at present, and we expect that USCIS will be updating the form to fix glitches without making specific announcements about each update.
• The form cannot be partially completed on the computer and then saved.
• The revisions to the Form I-9, including the newly enabled « smart » functionality, should aid employers in improved compliance and understanding of the I-9.
• Any employer may use the Spanish-language form and instructions as a translation tool.

Related Content

Form I-9 is a fillable form, which means you can type your answers directly into the form, except for the signature blocks. Employers and employees using this fillable form must print and manually sign it rather than typing or electronically affixing a signature because this fillable form does not meet DHS standards for electronic Form I-9 generation, storage and retention systems. Failure to meet DHS standards for electronically generated, stored and/or retained Form I-9 may result in fines and other penalties. Failure to use the current version of the form may subject the employer to fines and/or penalties in the event of an audit. However, the Department of Homeland Security may provide opportunities Accounting For Architects to mitigate these fines and penalties if the employer completes a correct version of Form I-9, staples it to the previously completed form, and offers a signed and dated explanation for the oversight. Questions regarding these options should be directed to one of our immigration attorneys.

Any legal analysis, legislative updates, or other content and links should not be construed as legal or professional advice or a substitute for such advice. If you require legal or professional advice, kindly contact an attorney or other suitable professional advisor. The acceptable documents list and retention requirements have remained the same. USCIS also added “smart” fields and instructions to ease the completion of the form electronically.