Country / Territory
USCIS has published a revised edition of the I-9 employment eligibility verification form. The new version – dated 11/14/2016 – will become mandatory for employers on January 22, 2017. Until that time, employers may continue to use the version dated 03/08/2013.
The new edition does not change the key substantive questions on Form I-9 or the list of acceptable identity and work authorization documents, but it contains some format changes that are intended to reduce completion errors.
Features of the New Form I-9
The new Form I-9 is a “smart” document with enhancements that are available when the form is filled out on a computer, including:
-
Auto-population of certain fields based on information entered elsewhere on the form;
-
Drop-down lists from which List A, B and C identity and work authorization documents can be selected based on the employee's citizenship or immigration status;
-
A new “Additional Information” text field in which employers can enter annotations on special situations, such as employment authorization extensions for STEM OPT applicants, cap-gap beneficiaries and TPS beneficiaries;
-
Hover-over instructions for each field; and
-
A validation feature to alert the user if fields have been improperly filled or left blank.
Section 1 clarifies that an employee need only provide other last names used (if any) rather than full names used, and that a foreign national authorized to work may provide either the I-94 admission number or a foreign passport number (rather than both).
Preparers and translators, if any, will now be required to certify their assistance with completion of the form. The two-page form can be expanded to an additional page if more than one preparer or translator assists.
Completing and Signing the New Form I-9
The new Form I-9 may be filled out on a computer or by hand. Although the new edition is optimized for electronic completion, it does not have an electronic signature function. If completed on the “smart” PDF available through the USCIS website, Form I-9 must be printed out and signed by hand by the employee, employer, and, if applicable, any preparer or translator.
Electronic signatures remain acceptable on I-9 forms that are completed through third-party software and other tools with an electronic signature function, provided that they meet government guidelines.
What This Means for Employers
Employers should ensure that the new form is integrated into their employment verification systems and processes by January 22, 2017. If you have any questions about the new Form I-9, please contact your designated Fragomen professional. This alert is for informational purposes only.
Country / Territory
Explore more at Fragomen
Media mentions
Partnering with Talent Beyond Boundaries, Fragomen continues to support displaced people in their host societies.
Media mentions
Senior Manager Kelly Hardman discusses Scotland’s hospitality sector following the UK government’s increase to the salary threshold for Skilled Worker visas.
Blog post
Manager Russell Hodges and Immigration Paralegal Natalia Jozwiak discuss the future of the UK's science sector following the country's 2024 re-entry into the Horizon programme and shift in migration policy.
Media mentions
Partner Charlotte Slocombe discusses what is considered US residency now that Prince Harry has changed his primary residence from the UK to US.
Media mentions
Director Willys Mac’Olale shares the impact the AfCFTA will have on Kenya’s economy and immigration policies.
Video
Immigration Consultant Laura Varon Osorio explains the process for posting foreign workers to France during the eagerly awaited 2024 Olympic and Paralympic Games in Paris.
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal Awards.
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.
Media mentions
Partnering with Talent Beyond Boundaries, Fragomen continues to support displaced people in their host societies.
Media mentions
Senior Manager Kelly Hardman discusses Scotland’s hospitality sector following the UK government’s increase to the salary threshold for Skilled Worker visas.
Blog post
Manager Russell Hodges and Immigration Paralegal Natalia Jozwiak discuss the future of the UK's science sector following the country's 2024 re-entry into the Horizon programme and shift in migration policy.
Media mentions
Partner Charlotte Slocombe discusses what is considered US residency now that Prince Harry has changed his primary residence from the UK to US.
Media mentions
Director Willys Mac’Olale shares the impact the AfCFTA will have on Kenya’s economy and immigration policies.
Video
Immigration Consultant Laura Varon Osorio explains the process for posting foreign workers to France during the eagerly awaited 2024 Olympic and Paralympic Games in Paris.
Media mentions
Partner Daniel Pierce shares how a Supreme Court visa denial case could impact challenges to employment-based visa denials.
Awards
Partner Kevin Miner is selected by the Daily Report as a finalist in the “Legal Innovators” category of the publication’s 2024 Southeastern Legal Awards.
Blog post
This blog considers how employer sponsorship of long-term residence permits in Europe could be a means for retaining their talent.
Blog post
This blog provides an overview of Switzerland's family reunion process for EU/EFTA nationals and third-country nationals.
Awards
Four Fragomen professionals are recognised in the 2025 edition of The Best Lawyers in Australia in the field of immigration law.
Media mentions
O Diretor de Imigração, Diogo Kloper, compartilha quais indústrias estão recrutando talentos estrangeiros no Brasil.