The current version of Form I-9, the U.S. Citizenship and Immigration Services agency’s (USCIS) Employment Eligibility Verification form, expired on August 31st, 2019—however, the agency has extended the deadline until a new version of the form is ready, allowing CRAs to continue using the current edition for I-9 processing. Federal law requires employers to collect a new hire’s completed paperwork and supporting documents by the third business day of their employment, verifying both citizens’ and noncitizens’ eligibility to work in the United States.
CRAs are legally obligated to use valid I-9s for employment verification processing, leading many in the industry to wonder when a new version is coming, what will be revised, and what steps they and their clients should take to safeguard their organizations from being audited by the USCIS. Here’s what we know so far.
When Is a New Form I-9 Coming?
It isn’t clear when the USCIS will release the next version of Form I-9, but until then, CRAs will continue using the current form. I-9 processing will continue as normal until the government provides the revised forms.
Proposed Revisions to Form I-9
Even though the current Form I-9 has expired, we don’t expect the USCIS to make major policy changes in a new version—according to the Society for Human Resource Management (SHRM), updates will be minor revisions meant to clarify instructions. The anticipated revisions include:
Employers can designate authorized representatives to complete Section 2 of the form. The changes will outline more specific instructions regarding who can be an authorized representative, which has been especially confusing for employers hiring remotely.
Writing ‘Not Applicable (N/A)’
New employees will no longer be required to write “N/A” in unused identity document columns. For example, if an employee presents acceptable information in the List A column, they will not need to write “N/A” in List B and List C columns.
Employment Authorization Document (EAD)
List C documents for establishing employment authorization include a Social Security card and birth certificate—but not the Employment Authorization Document (EAD). The EAD is included in List A.
Assurance from Accio Data
CRAs who use Accio’s I-9 and E-Verify system can count on a smooth transition. We’re well aware of the current I-9’s expiration, extended deadline, and potential revisions, and we’re following the situation closely—whatever changes to the process occur, we’ll be prepared for them, even if they’re announced at the last second.