On January 31, 2020, the United States Citizenship and Immigration Services (USCIS) released a new Form I-9. The form is dated 10/21/2019 and should be used immediately. USCIS is allowing employers a three-month grace period, however, during which the old form (dated 07/17/2017) may be used. By May 1, 2020, only the new form should be used.
The new form can be found on the HR Support Center by searching Form I-9, or on the USCIS website, here. Regardless of where you get it, make sure you right click on the download link and “Save link as…” then right click the saved file on your computer and select “Open with Adobe…”
USCIS made the following changes to the form and its instructions:
Revised the Country of Issuance field in Section 1 and the Issuing Authority field (when selecting a foreign passport) in Section 2 to add Eswatini and Macedonia, North per those countries’ recent name changes. This change is only visible when completing the fillable Form I-9 on a computer.
- Clarified who can act as an authorized representative on behalf of an employer
- Updated USCIS website addresses
- Provided clarifications on acceptable documents for Form I-9
- Updated the process for requesting paper Forms I-9
- Updated the DHS Privacy Notice
If you’d like to request assistance on auditing your I-9 records, please let us know, we’d be happy to help! 408-454-7014
If information on an employee’s Form I-9 is incorrect or incomplete, employers can make corrections near the incorrect or incomplete space in the employee’s existing Form I-9. The employer and employee must draw a line through the inaccurate information, write the correct information on the form using a different color pen, and finally initial and date of the correction. Missing information should be provided, initialed, and dated, and a written explanation as to the reason for the change attached. The employer should also make a note in the file that a self-audit was completed on that date.
Make sure that the signature relates to the attestation (“I attest, under penalty of perjury …”). If your company is audited, the examiners will want to have proof that you exhibited a good faith effort to audit your records and correct deficiencies.