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The Revised Form I-9 is Effective – Begin Using New Form January 22, 2017

on Friday, 20 January 2017 in Labor & Employment Law Update: Sarah M. Huyck, Editor

In November 2016, the US Citizenship and Immigration Service at long last published the revised version of the Form I-9, Employment Eligibility Verification. While employers were allowed to continue using the current Form I-9 (revision date of 03/08/2013) through January 21, 2017, on January 22, 2017, all employers must use the revised form.

While there were no significant changes to the paper version of the Form, the electronic version was greatly enhanced with a number of new features. The instructions are now much longer (15 pages) and a new Handbook for Employers is expected at any time.

Some of the changes on the new form include:

• Employees only need to provide other last names used in Section 1, rather than all names used.
• The certification in Section 1 for aliens authorized to work requires only one of three forms of support.
• Employers are required to affirmatively indicate whether or not a preparer or translator was used and a new supplement was added to enter multiple preparers and translators.
• Employers will need to indicate citizenship status in addition to the employee’s name at the top of page Section 2.
• A dedicated area was added to enter additional information that employers have been required to notate in the margins of the form.

Employers should continue to follow the existing storage and retention rules for all of their previously completed Forms I-9, which do not need to be completed again on the new Form. We will provide updates once the Handbook is issued on any significant changes.

Amy Erlbacher-Anderson

1700 Farnam Street | Suite 1500 | Omaha, NE 68102 | 402.344.0500