As an employer, you are undoubtedly aware you are required by the federal government to file paperwork called a Form I-9 for every individual in your employment.
Form I-9 is “used to verify the identity and employment authorization of individuals hired for employment in the United States.”
Well, the feds have just made a change to that form, and you will be required to use the new form starting April 30, 2020.
A failure to properly complete and store the Form I-9 can lead to civil penalties and criminal prosecution for offending parties, depending on Form I-9 issues raised during random inspections, audits, and worksite raids by Department of Homeland Security personnel.
What follows are the revisions made by USCIS to the Form I-9:
- Form FS-240 – Consular Report of Birth Abroad has been added to List C. Employer who will be submitting their Form I-9 online will now be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and 3. Form FS-240 can also be used by E-Verify users while creating a case for an employee who has used this document for Form I-9.
- All certifications of report of birth issued by the Department of States has been combined into selection C, No. 2 in List C (Form FS-545, Form DS-1350, and Form FS-240).
- All the documents in List C except other than “Social Security Card” have been renumbered. For instance, the Employment Authorization Document that is issued by the Department of Homeland Security has been changed from List C, No. 8 to List C, No. 7.
- Clarifications have been made as to who can act as an authorized representative on behalf of an employer.
- Updated the Department of Homeland Security privacy notice.
- A revised Spanish version of Form I-9 is available for use in Puerto Rico only.
- Revisions made to the country of issuance field and the Issuing Authority field in Sections 1 and 2 respectively. The countries Eswatini and Macedonia have been added to be in line with the countries’ recent name change.
The revisions to the Form I-9 instructions are as follows:
- The form is updated with the new name of Immigrant and Employee Rights Section from its old name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices.
- The words “the end of” has been removed from the phrase “the first day of employment.”
USCIS has also updated their “Handbook for Employers: Guidance for Completing Form I-9.”
If you’re an employer and have questions about labor and employment law, including matters pertaining to Form I-9, consider calling on the attorneys at Kainen, Escalera & McHale in Connecticut. We do one thing and one thing only – we are an employer defense law firm – in fact, we are one of the largest employer defense law firms in the region. What’s more, each of our attorneys has over 25 years of experience in employment and labor law matters and can provide your business with comprehensive legal counsel ranging from assistance with necessary preventive measures to trial advocacy. Please call us if we can help you.
Please Note: We do not represent employees. We only work with employers.
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