New I-9 Form

By Glen Krebs

Beginning January 22, 2017, Employers must use the new Form I-9 when hiring a new employee. The new form is dated 11/14/2016. The old form (dated 03/08/2013) will not be acceptable for a date of hire after January 22, 2017. The old and new forms are not too different. Regarding the new form, United States Citizenship and Immigration Services (“USCIS”) states as follows:

“Among the changes in the new version, Section 1 asks for ‘other last names used’ rather than ‘other names used,’ and streamlines certification for certain foreign nationals.

Other changes include:

• The addition of prompts to ensure information is entered correctly.
• The ability to enter multiple preparers and translators.
• A dedicated area for including additional information rather than having to add it in the margins.
• A supplemental page for the preparer/translator.

The instructions have been separated from the form, in line with other

New I-9 Forms Must Now Be Used, Starting Today, According to USCIS

By Glen M. Krebs

The U.S. Citizenship and Immigration Services (USCIS) is reminding all employers that beginning today, May 7, 2013, they must start using the revised Form I-9, Employment Eligibility Verification (Revision 03/08/13)N for all new hires and reverifications.

All employers are required to complete and retain a Form I-9 for each employee hired to work in the United States.

Note: the revision date for the new Form I-9 is printed on the lower left corner of the form. Also, employers need not and should not complete a new Form I-9 for existing employees if a properly completed Form I-9 is on file.

USCIS advises that a Spanish version of Form I-9 (revision 03/08/13)N is available on its website for use in Puerto Rico only.  Spanish-speaking employers and employees in the 50 states, Washington, D.C., and other U.S. territories may use the Spanish version for reference, but must complete and retain the English version of the I-9 form.

The revised forms are available at www.uscis.gov/I-9. And for more information, you may call 888-464-4218. Government representatives are available Monday through Friday, from 8 a.m. to 5 p.m.  USCIS also maintains a website, I-9 Central, to support Form I-9 users.

To order forms, you can contact USCIS at 1-800-870-3676. For free downloadable forms and information on USCIS programs, immigration laws, regulations, and procedures, you can visit www.uscis.gov.

 

Inspections of I-9 Forms Are Increasing Nationwide

By Glen Krebs

Several lawyers have indicated that clients have received I-9 audit letters.  It is  estimated that at least 500 employers nationwide will be receiving Notices of Inspection (NOIs) in the coming weeks.  The inspections could lead to civil penalties and even criminal indictments.

NOIs will include requests for hiring, payroll and other records to determine compliance with employment eligibility verification laws. Employers will be expected to produce original I-9s within three days from service of the NOI.  We have previously provided instructions for dealing with Immigration audits.  If you would like additional information, please feel free to contact Glen Krebs at gkrebs@wyattfirm.com or 859-288-7409.

We are also happy to assist you to conduct an internal I-9 audit and develop a basic immigration compliance plan.