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