One of the most widely-recognized “new hire” employee forms in the United States has received a twenty-first century makeover. Beginning January 22, 2017, employers must complete a new Form I-9, Employment Eligibility Verification, for all new hires in the United States.
Employers have had to complete Form I-9s since November 1986, when Congress passed the Immigration Reform and Control Act (“IRCA”). The IRCA prohibits employers from hiring workers, including U.S. citizens, for employment in the U.S. without verifying their identity and employment authorization using Form I-9.
The new Form I-9, dated November 14, 2016, includes a number of changes designed to make the form easier for employers to complete. Those changes include the following new “smart” features (i.e., enhancements for completing the form on a computer) and modifications to the form’s content:
Smart Features
- Drop-down menus, lists, and calendars;
- Hover text for on-screen instructions;
- Real-time prompts to notify users that a required field has been left blank or not completed correctly;
- Automatically marking fields as “Not Applicable,” based on the employee’s selected citizenship or immigration status; and
- Automatically creating a quick response (QR) code when the form is printed.
Content Changes
- Instructions for completing Form I-9 moved to a separate document;
- The “Other Names Used” field replaced with “Other Last Names Used” field;
- A supplemental page added to designate preparers/translators who assist in completing the form; and
- A dedicated area for including additional information.
Employers can download a PDF version of the new Form I-9 at the website for U.S. Citizenship and Immigration Services (“USCIS”), along with instructions about how to complete the form: https://www.uscis.gov/i-9. USCIS designed the new Form I-9 so that it could be completed using a computer and then printed for signing. Employers may also print and complete an alternate version of the form (without any smart features and fillable fields) by hand.
Beginning January 22, 2017, companies must begin using the new Form I-9. Employers should review and monitor their hiring processes, and consult with their legal counsel for assistance as needed to ensure that they are using the Form I-9 correctly.
*Scott H. DeHart is the newest member of the firm’s Labor and Employment Groups and practices out of the firm’s Columbus, Ohio office. If you have questions regarding your company’s transition to the new Form I-9, contact Scott at shd@zrlaw.com or 614-224-4411.