USCIS Issues New Form I-9

Bryan Little, Farm Employers Labor Service
Feb 7, 2020

U.S. Customs and Immigration Services (USCIS) has issued a new version of the I-9 employment eligibility verification form. The new version is dated 10/21/2019 but will not become mandatory until May 1, 2020.

Until that time, employers can choose to use the previous version dated 07/17/2017 or the new version. USCIS publishes a paper I-9 Form and an electronic, fillable I-9 Form. The new version of the paper form has no changes from the prior version.

The Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete the Form I-9 for each person they hire for employment in the U.S., including both citizens and noncitizens. New hires and employers, or their authorized representatives, must complete the form. Employers must retain the completed forms for a designated period and make them available for inspection when called to do so.

While the paper version of the Form I-9 is unchanged, the .pdf-based fillable version of the form features several changes:

  • Clarification as to who can act as an authorized agent for the employer in situations where employees are being hired at a remote location;
  • Clarification as to documents that are acceptable for use on the Form I-9; it is no longer necessary enter “N/A” in the unused columns of the form for List B or C documents if the employee uses a Green Card, U.S. Passport or other List A document to demonstrate both actual identity and eligibility to work on the U.S.; 
  • Clarification that an Employment Authorization Document (EAD) or I-766 (issued to some non-H-2A aliens granted temporary permission to work, like refugees and asylees) is to be used as a List A document demonstrating identity and work eligibility, rather than as a List C document.

You can find the paper and fillable .pdf version of the Form I-9, a Spanish version of the paper Form I-9 (note: you cannot use the Spanish version of Form I-9 anywhere in the U.S. other than Puerto Rico, but you can use that form to help workers understand the English-language version of the form), and Form I-9 instructions in English and Spanish at www.uscis.gov/I-9.

Login

Please Login to Continue