Second- and third-violation civil penalties can range between $4,586 up to $22,972 per employee. Arrests and criminal convictions for knowingly hiring or employing unauthorized workers are on the rise as well. Here’s what you need to know about the new Form I-9 and how it will change your employment eligibility verification process. Make sure you use the new version of the I-9 by January 22, 2017, and complete and retain the form in accordance with the law.

• 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.
• An employee may be subject to civil penalties for failing to properly complete, retain or make the I-9 forms available for inspection.
• U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination.
• These older Permanent Resident Cards without an expiration date remain valid.
• It is unlikely that the Trump administration will slow down DHS’s employer-driven immigration compliance mechanisms.
• DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under Honduras’ ongoing TPS designation.

This new announcement gives employers additional time to complete in-person physical inspection of identity and employment authorization documents, and annotate the Form I-9 for this population. These flexibilities were initially announced in March 2020 and updated in March 2021. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form.

Types of discrimination

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. Given the time frames for processing TPS re-registration applications, USCIS has automatically extended through March 3, 2024, the validity of certain EADs issued under the TPS designation for Yemen. Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Yemen for Temporary Protected Status (TPS) through Sept. 3, 2024. Current beneficiaries who want to maintain their status must re-register between Jan. 3, 2023 through March 4, 2023.

An employee may be subject to civil penalties for failing to properly complete, retain or make the I-9 forms available for inspection. For U.S. citizens, I-9s are valid continuously unless a break of more than a year of employment occurs. USCIS issued new or corrected I-797, Notice of Action, receipt notices to certain individuals who did not initially receive information about the up to 540-day Employment Authorization Document (EAD) auto-extension period. On June 24, 2023, USCIS will dispose of E‑Verify records that are more than 10 years old, which are those last updated on or before Dec. 31, 2012.

Completing Form I-9

The introduction of new card designs does not mean that previously issued cards are invalid. Cards remain valid until their expiration date (unless otherwise noted, such as through an automatic extension of the validity period of the Permanent Resident https://www.bookstime.com/ Card or EAD as indicated on a Form I-797, Notice of Action, or in a Federal Register notice). Also, some older Permanent Resident Cards do not have an expiration date. These older Permanent Resident Cards without an expiration date remain valid.

DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under El Salvador’s ongoing TPS designation. Find more details about this extension on the TPS Nicaragua page and instructions for completing Form I-9 on the I-9 Central TPS page. DHS previously extended through June 30, 2024, the validity of certain TPS-related Employment Authorization Documents (EADs) issued under Nicaragua’s ongoing TPS designation. However, this change is visible only when completing the fillable Form I-9 on a computer. In short, the paper version of the new I-9, except for the date in the lower left-hand corner, will look identical to the current version dated July 17, 2017.

new i-9 form 2017 pdf

With this new operational process, USCIS has added more ways for applicants to obtain proof of status. This alternate Form I-94 with an ADIT stamp is an acceptable List A receipt for Form I-9 and E-Verify. If a current employee presents a new or corrected Form I-797C, Notice of Action, that contains the 540-day extension as described above, they continue to be authorized to work. However, the employer should update the employee’s original Form I-9 to enter the date that is 540 days from the Card Expires date on the EAD in the Section 2 Additional Information field.

On July 25, 2023, DHS announced an alternative procedure for Form I-9 in a Federal Register Notice. Based on the Notice, employers who meet four requirements may choose an alternative procedure in lieu of physically examining Form I-9 documentation that had been examined remotely under the COVID-19 flexibilities. Employers enrolled in E-Verify during the COVID-19 temporary flexibilities may use an alternative procedure to satisfy the requirement of physically examining Form I-9 documents that had been examined remotely under the COVID-19 flexibilities. U.S. Citizenship and Immigration Services (“USCIS”) recently released an updated version of Form I-9, Employment Eligibility Verification. 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. To avoid liability, the employer should properly inspect the employee’s documents.

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. For more information on the new I-9, visit USCIS’s revamped I-9 Central. The updated Guidance for Completing Form I-9 [the M-274] should be issued in early January 2017. Potential fines are also increasing – paperwork violation fines can now range between $230 to $2,292 per employee. Civil penalties for knowingly employing hiring or employing unauthorized workers currently range from $573 to $4,586 per employee for the first violation.

With the arrival of spring, many agricultural businesses may be looking to hire additional employees. Before putting those new employees to work, employers should take time to ensure a “legal” workforce. One important step is following the Form I-9 Employment Eligibility Verification process.

New I-9 Form Required: What You Need to Know

COVID-19 temporary flexibilities for Form I-9, Employment Eligibility Verification, will end on July 31, 2023. S. Immigration and Customs Enforcement (ICE) recently announced that employers must complete in-person physical document inspections for employees whose documents were inspected remotely during the temporary flexibilities by August 30, 2023. For employees whose documents were inspected remotely during the temporary flexibilities, employers must complete in-person physical document inspections by August 30, 2023. U.S. Citizenship and Immigration Services (USCIS) announced a new version of Form I‑9, Employment Eligibility Verification. Employers must use Form I‑9 to verify the identity and employment authorization of their employees. Also beginning today, employers may remotely examine employees’ Form I‑9 documents provided they are enrolled in E-Verify.

• On Nov. 21, 2022, USCIS announced that Ukrainian and Afghan parolees with certain classes of admission are employment authorized incident to their parole.
• PreCheck’s I-9Ensure software, for example, will be integrated with the new Form I-9 in early January to help our clients comply with the new requirement.
• Secretary of Homeland Security Alejandro Mayorkas extended and redesignated Haiti for Temporary Protected Status (TPS) through Aug. 3, 2024.
• Enter the EAD document number you entered on Form I-9, as well as the EAD expiration date of March 9, 2025.
• Accordingly, now is the time to review your I-9s and your compliance policies to minimize exposure should the government show up on your doorstep demanding to see your I-9s.
• Individuals who received a Form I-94 at the time of entry into the United States should visit the I-94 Website to view and print a copy of their I-94.
• For employees whose documents were inspected remotely during the temporary flexibilities, employers must complete in-person physical document inspections by August 30, 2023.

You must reverify these employees on Form I-9 before they start work on Feb. 4, 2024. Enter the EAD document number you entered on Form I-9, as well as the automatically extended date of Feb. 5, 2025. You must reverify these employees on Form I-9 before they start work on Feb. 6, 2025.

CONTACT YOUR EMPLOYMENT LAW ATTORNEY TO ENSURE FORM I-9 COMPLIANCE

As provided by the president’s memorandum, a Federal Register notice is coming soon. Some Permanent Resident Cards and EADs issued after Jan. 30, 2023, may i9 forms for 2017 still display the existing design format. Both versions of the cards are acceptable for Form I-9, Employment Eligibility Verification, and E-Verify.