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Reminder, New I-9 Form Required May 1, 2020

21:50 01 May in News Updates
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Reminder: Use of New I-9 Form Now Required
I-9 Version dated 10/21/2019 Now Required

Effective today, May 1, 2020, employers must use the newest version (dated 10/21/2019) of the  Form I-9, Employment Eligibility Verification
 for all new hires, and for Section 3 re-verifications of existing employees.   The grace period for use of the prior version dated 7/17/2017 has ended.  The edition date can be found on the lower left corner of the form.
 
Updated M-274 “Handbook for Employers – Guidance for Completing Form I-9”
 
On April 27, 2020, USCIS released an updated  

M-274, Handbook for Employers: Guidance for Completing Form I-9.  The M-274 Handbook for Employers provides official guidance on how to complete and retain the I-9 form.   Revisions include updates based on the recent Form I-9 release, as well as policy changes and clarifications.

Significant Guidance Changes

  • Sections 4.4 and 6.4.2:    Revised guidance to clarify that employers should enter expiration date changes based on automatic extensions of documents in the “Additional Information” field in Section 2 and eliminated instructions to have the employee cross out and initial information in the “Alien authorized to work until” expiration date field in Section 1.
  • Section 6.4.2:   Revised cap-gap extension document requirements to better align with regulations. Employers will enter the receipt number from Form I-797C, Notice of Action as the employee’s Document Number in Section 2. Form I-20, Certificate of Eligibility for Nonimmigrant Student Status, is no longer required.

     Significant Clarifications

  • Section 3.0:    The purpose of the Preparer/Translator Supplement.
  • Section 6.4.1:    Determining the document expiration date that F-1 and J-1 nonimmigrant employees should enter in the Section 1 “Alien authorized to work until” expiration date field.
  • Section 9.0-9.2:   How to calculate Form I-9 retention, retention guidelines, and electronic Form I-9 requirements.
  • Section 10:    A review of prohibited Form I-9 practices and penalties and the agencies responsible for enforcement.
For additional information, please see the summary of changes on I-9 Central.   Note that USCIS also offers free tutorials:  Form I-9 webinar

If you have any questions, please do not hesitate to contact your LAC attorney.

This update was prepared by Fausta M. Albi, Partner, Larrabee Albi Coker LLP.
Legal Disclaimer:   This e-blast is provided for informational purposes only and does not substitute for legal advice based on the circumstances of a specific matter.  Immigration laws and policies change frequently, often without notice.  It is therefore important to seek direct legal counsel based upon individual circumstances.

 

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