immigrant and employee
social security

It is not an payroll accounting legal edition of the Federal Register, and does not replace the official print version or the official electronic version on GPO’s The Public Inspection pageon offers a preview of documents scheduled to appear in the next day’s Federal Register issue. The Public Inspection page may also include documents scheduled for later issues, at the request of the issuing agency.

Allows a state and local law enforcement entity to enter into a partnership with ICE, under a joint MOA to receive delegated authority. The comment period on the new Form I-9 proposed changes is now closed. It is highly likely that the proposed changes will be adopted by USCIS and we expect a final version of the new Form I-9 to be revealed soon. Partner Aim-on Larpisal will head Fragomen’s Bangkok, Thailand office, leading a team of more than 15 immigration professionals and support staff. However, the ICE states that an employer is not required to keep a Form I-9 for an individual who doesn’t ever begin to work for pay, and therefore wouldn’t be forced to produce that I-9 if there were to be an inspection. Employers now also must review the underlying documentation much more carefully in order to ensure the employee still qualifies.


The phrase “the first day of employment,” will replace, “the end of.” Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Current Issue

The M-274 is not only the official document used to help with compliance regarding the new Form I-9, it is also often used by the Immigration and Customs Enforcement, or ICE, auditors who review completed I-9s for compliance. Instructions have been beefed up to 15 pages from six, so that it can give users more guidance, and the acceptable documents list and retention requirements have remained the same. USCIS has revised The Handbook for Employers Guidance for Completing the Form I-9 (M-274) to be consistent with the above changes.

worksite enforcement investigations already double over last year … – U.S. Immigration and Customs Enforcement Newsroom

worksite enforcement investigations already double over last year ….

Posted: Mon, 14 May 2018 15:32:08 GMT [source]

Employers must maintain a completed Form I-9 on file for every employee on their payroll and for terminated employees during the required retention period. As a reminder, employers cannot specify which documents the employee may present to establish employment authorization. The employer must allow the employee to choose from the List of Acceptable Documents. Please note that the instructions to the Form I-9 do provide acceptable abbreviations of documents for List A, B, and C completion.

New Employees

Thus, employers choosing to utilize the new smart form must print a copy of the form and proceed with their normal signing, storing, and reverification practices for paper Forms I-9. Employers must also retain a Form I-9 for three years after the date of hire, or one year after the date employment ends, whichever is later. Employers must show their employees’ I-9 form any time the immigration or labor authority requests it. Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act (“IRCA”).

complete form

This can be used as opposed to where notations used to have to be written along the margins of the form. In order to remain compliant, human resources departments need to keep up with all immigration-related anti-discrimination laws. Before the new form was issued foreigners, who were allowed to work in the U.S. legally had to produce both a Form I-94 number, along with foreign passport information. For instance, if a user has no information to enter in fields that ask for things such as an apartment number, a middle initial, or a Social Security number, those fields must now be populated with an N/A, rather than being left blank. A key change with which users need to comply is that they must now enter N/A in any fields that they previously would have simply left blank.

ICE Announces 1,000 New Workplace I-9 Audits

Paper forms may be stored in employees’ personnel files; however, in order to comply with any request for inspection as outlined below, it is recommended that the I-9 forms be stored in a separately labeled file folder. A new “additional information” box provides space for the employer to note important information for the employer’s purposes such as additional documents presented, employee termination dates or form retention dates. On Jan. 26, 2023, President Biden issued a memorandum directing the secretary of homeland security to extend and expand Deferred Enforced Departure for certain Hong Kong residents, and to provide for continued work authorization through Feb. 5, 2025.

The main benefit of using the online version of the form is that once both employee and employer are finished entering their respective parts of the form, the submissions will be reviewed for correct format. If errors are detected, the system will relay what it is on the form that needs to be fixed. These materials provide general information which does not constitute legal or tax advice and should not be relied upon as such. Particular facts or future developments in the law may affect the topic addressed within these materials.

USCIS Publishes Updated Handbook for Employers for Completing … – ESR NEWS

USCIS Publishes Updated Handbook for Employers for Completing ….

Posted: Thu, 02 Mar 2017 08:00:00 GMT [source]

This new version, dated November 11, 2016, will become mandatory on January 22, 2017; however, employers are allowed to use the new or current version of the Form I-9 until January 21, 2017. Document page views are updated periodically throughout the day and are cumulative counts for this document. Counts are subject to sampling, reprocessing and revision throughout the day. An employee who checks Box 4 indicating he or she is an alien authorized to work must provide only one of the three document numbers listed (previously, had to enter both the Form I-94 admission number and foreign passport).

In fact, doing so may even be a violation of law as in only certain circumstances may a new Form I-9 be completed. Further, new drop-down menus for the List A, List B, and List C document fields in Section 2 are specifically tailored so that a user may select only the documents that correspond to the employee’s citizenship or immigration status. If an employee presents a document that does not match the citizenship/immigration status selected in Section 1, the smart form will alert the employer with a notification message and provide instructions on how to proceed.

Veterans Employment & Training

For complete information about, and access to, our official publications and services, go to About the Federal Register on NARA’s Citizenship and Immigration Services released updated instructions and a revised Form I-9, Employment Eligibility Verification form. Employers may continue using a Form I-9 with a revision date of November 14, 2016 through September 17, 2017, but as of September 18, 2017, employers must use only the updated version. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers. Employers who hire or continue to employ individuals knowing that they are not authorized to be employed in the United States may face civil and criminal penalties.


The new form can be found through our website link or directly at the federal government site. The current version of the Form I-9 expires on October 31, 2022, and the U.S. Citizenship and Immigration Services has announced big potential changes to the new form.

Introduction of a New Version of Employment Eligibility Verification Form

E-Verify NextGen will be an exciting new product that modernizes and streamlines the Form I-9 and verification process for employees and employers. For U.S. citizens, I-9s are valid continuously unless a break of more than a year of employment occurs. International employees on F-1 , H-1B , or J-1 visas must have their I-9 reverified each time their visa has expired with a new work authorization permit (renewed visa with work authorization, EAD, Permanent Residence Card, etc.). Given a political climate trending toward enforcement, coupled with the increased penalties approved by the Department of Homeland Security, employers should make I-9 compliance a focus. Consider giving your human resources department a formal training on the new form and/or the proper procedures to conduct a self-audit. U.S. Citizenship and Immigration Services (“USCIS”) recently released an updated version of Form I-9, Employment Eligibility Verification.

  • As of January 22, 2017, employers will be required to use the new version of the Form I-9, Employment Eligibility Verification (Form I-9), dated November 14, 2016.
  • Employers must maintain a completed Form I-9 on file for every employee on their payroll and for terminated employees during the required retention period.
  • Yemeni nationals and individuals having no nationality who last habitually resided in Yemen may submit an initial registration application under the redesignation of Yemen for TPS and apply for an Employment Authorization Document .
  • Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRM’s permission.
  • The term employers refers to all employers, including those recruiters and referrers for a fee.

Employers receive at least three business days to produce the Form I-9 requested in the NOI. The new I-9 has made very small changes to the form’s instructions and the list of acceptable documents. The revisions slightly modify USCIS’s List of Acceptable Documents and specifically update List C to reflect the most current version of the certification or report of birth issued by the U.S. USCIS updated the DHS Privacy Notice to employees, which is included in the form instructions. The major change to the Privacy Notice is the notification that Form I-9 may be made available for inspection, and that DHS may also share the information on the form, as appropriate, for law enforcement purposes or in the interest of national security. Starting January 22, 2017, all U.S. employers will be required to use the new version of the Form I-9 to conduct employment eligibility verification.

USCIS Releases Updated I-9 Employment Eligibility Verification Form – JD Supra

USCIS Releases Updated I-9 Employment Eligibility Verification Form.

Posted: Wed, 16 Aug 2017 07:00:00 GMT [source]

The 2017 I-9 employment eligibility form remained in use beyond its August 31, 2019 expiration date. Shortly before its expiration, USCIS announced that employers should continue to use that version until further notice. In late 2016, USCIS issued a revised version of the form for Employment Eligibility Verification, or USCIS Form I-9, which took effect Jan. 22, 2017. Prior publications of Form I-9 are no longer valid because information has been changed or otherwise updated.

  • The new handbook enumerates the different categories into which currently eligible foreign nationals fall in order to qualify for an automatic extension.
  • Employers must maintain a completed Form I-9 on file for every employee on their payroll who was hired after November 6, 1986 and for terminated employees during the required retention period.
  • If an entrepreneur’s parole is granted, it is only valid as it relates to collaborating on a specific startup.
  • Form I-9 was changed to allow an immigrant entrepreneur to offer a foreign passport and Form I-94, which serves as proof of entrepreneur parole.

Further, new drop-down menus for the List A, List B, and List C document fields in Section 2 are specifically tailored so that a user may select only the documents that correspond to the employee’s citizenship or immigration status. The Form I-9 is a document used by all U.S. employers to record employment eligibility verification. When the foreigner is a refugee, I-94 states that unexpired refugee admission stamp or an electronic Form I-94 printout, with an admission class of “RE,” is acceptable documentation to establish identity and employment authorization, for 90 days.

On the “delivery” Form I-94 with ADIT stamp, the LPR’s printed photo is located at the top right portion of the Form I-94. Alternately, the photo on a “in person” Form I-94 ADIT stamp is affixed to the top left portion of the Form I-94. Both documents are acceptable for Form I-9, Employment Eligibility Verification, purposes. The Form I-94 will continue to have the DHS seal over the ADIT stamp and the photo.