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On July 17, 2017, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised Anatomy I-9. The new anatomy charge be acclimated by September 18, 2017.



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The revised anatomy has alone one absolute change. A new Account C Certificate was added as an adequate certificate – a Consular Report of Birth for a U.S. aborigine who was built-in abroad.

The new I-9 anatomy can be accessed here.



Employers charge advance a completed Anatomy I-9 on book for every agent on their amount who was assassin afterwards November 6, 1986 and for concluded advisers during the appropriate assimilation period. The purpose of the Anatomy I-9 is to crave the employer to accredit the employee’s character and allotment to assignment in the U.S.

Below is a accessible account that Sheppard Mullin developed to admonition administration bigger accept and accede with the I-9 process.



I-9 CHECKLIST FOR ONBOARDING AND REVERIFICATION

Form I-9

Use the latest anatomy anachronous 07/17/2017. It is binding starting September 18, 2017.

Employees Covered

The employer charge accept an I-9 on book for all advisers assassin afterwards 11/06/1986. Employees who were assassin on or afore that date are absolved from the I-9 requirements.

Timing of I-9

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Once you accept absitively to extend an offer, the I-9 may be presented to the alone either at the aforementioned time a accounting job action is made, or afterwards the accounting job action is accustomed and signed. But do not accord an appellant an I-9 anatomy at the aforementioned time as a job appliance as that could potentially accord acceleration to a bigotry affirmation if they are not hired.

Employee Timing

The agent charge ample out Area 1 of the I-9 no afterwards than the aboriginal day of employment.

Employer Timing

The employer charge complete Area 2 of the I-9 no afterwards than the 4th day of application – 3 canicule afterwards the aboriginal day of application (the alleged “Thursday rule”).

It is permissible and a best convenance to try and get the I-9 completed afore the aboriginal day of employment. That way, if accession is not assignment authorized, they are kept off the amount altogether, rather than award out on Day 4 (or afterwards in the case of E -Verify back E-Verify administration charge accord an agent 8 business canicule to boldness a Tentative Non Confirmation (TNC).

Selection of Documents

The agent gets to accept which assignment allotment abstracts they will present to the employer – either one from Account A or one from Account B and one from Account C. You should accommodate the agent with the Anatomy I-9. The aftermost folio has the Account of Adequate Abstracts which advises them what abstracts they may accept from to abide as affirmation of assignment authorization. (Foreign nationals accept added restrictions on which abstracts they can tender. Added admonition on that added in this memo).

Original Documents

The employer is appropriate to appraise the aboriginal assignment allotment abstracts provided by the employee. A archetype or agenda browse will not suffice. The employer charge appeal and appraise the original. This bureau that you cannot verify an agent accidentally application digitally scanned or faxed documents. For a alien employee, you can accredit accession abreast them to complete Area 2 and accept them assurance the I-9 on account of the company.

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If the abstracts attending absolute and chronicle to the employee, again that is sufficient. The employer is not captivated anxiously accountable if it turns out that a certificate that looked absolute at the time of appoint is afterwards articular by ICE to be a affected document.

Completion

Make abiding the I-9 is absolutely and accurately abounding out by both the agent and your company. Take the time to anxiously analysis the acknowledgment for anniversary acreage of the form. Make abiding the agent signs and dates Area 1.

At the basal of Folio 1, the agent should additionally analysis off if they did or did not use a third being to adapt the I-9 for them or construe for them.

Make abiding the employer signs and dates Area 2 and indicates the Date of Hire.

Frequently fields are accidentally larboard bare which makes the I-9 non-compliant.

Making Photocopies

It is additionally appropriate to accomplish copies of the aboriginal abstracts and basic them to the I-9 as added affirmation that the aboriginal abstracts were absolutely brash and that the abstracts appeared real. If this is done, it charge be done for all employees.

Expired Documents

The abstracts charge be accurate at the time of hire. There are alone three exceptions: (1) a 90 day adroitness aeon for new hires that are U.S. Citizens or abiding association that accept already activated for a backup certificate – i.e. a backup of a U.S. passport, accompaniment driver’s license, etc. (2) For abiding association that accept an asleep blooming agenda but accept an I-797 cancellation apprehension from USCIS briefly extending their blooming agenda or an I-551 brand in their allotment as acting affirmation of their abiding citizen cachet (3) assertive adopted nationals that accept an asleep application allotment certificate (EAD) and an I-797 cancellation apprehension assuming a appropriate filing for an extension.

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Additional Information Field

In Area 2 in the average of the page, there is a ample box blue-blooded “Additional Information”.  The employer may notate abnormal situations there. 

Four Types of Workers

The I-9 anatomy divides up the workforce into 4 categories – U.S. Citizens, U.S. Nationals (Samoa and Swain Island), abiding residents, and aliens accustomed to assignment for a bound duration. Aliens (foreign nationals) charge be actual anxiously tracked back their assignment allotment will expire  – i.e. assignment permits and assignment visas.

Restricted Amusing Aegis Card

A belted amusing aegis agenda is never accurate for I-9 purposes. If the amusing aegis agenda says “Not Accurate Afterwards DHS Authorization” or agnate language, again it cannot be accustomed as a Account C Document. The agent charge breakable another abstracts contrarily they cannot be hired. Alone complete amusing aegis cards are acceptable.

AB 260 Drivers Allotment Not a Accurate Account B Document

In California, an undocumented alone can administer for an AB 260 driver’s allotment to acquiesce them to drive. Although this is an character document, it is usually accustomed to accession who is not assignment authorized. Therefore it cannot be acclimated as a Account B certificate for I-9 purposes. And the AB 260 driver’s allotment says in the high appropriate duke bend “Federal Limits Apply”

Sponsored Assignment Visas and I-94

For adopted nationals who are alive on an employer sponsored assignment visa, the alone abstracts that will amuse the I-9 requirements are their allotment (a Account A analyze document) and their I-94 (which shows their date of entry, acceptance classification, and cessation date of their I-94 — which is the aftermost date they can assignment and break in the U.S. afterwards filing an extension. They may book their I-94 from the website of U.S. Customs and Border Protection (CBP).

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EAD

In addition, for those alive with an application allotment certificate (EAD), which is a artificial assignment admittance that is not angry to advocacy from their employer, again they charge aftermath that as a Account A document. Other aggregate of abstracts won’t amuse the I-9 rules back a belted amusing aegis agenda can’t be accustomed and those on EAD’s accept belted amusing aegis cards.

Automatic Continuing Assignment Authorization

In assertive instances, there is automated continuing assignment allotment for a bound aeon of time for assertive adopted nationals who accept appropriate filed for an addendum of their application allotment certificate (EAD) (i.e. TPS, H-1B, L-1) etc. For a account of categories that accept automated continuing assignment allotment for accession that has an EAD, Click here.

Also assertive sponsored assignment visas can accept automated continuing assignment allotment afterwards appropriate bushing an addendum with USCIS, usually for 240 canicule afterwards filing.

In abnormal situations, acquaintance admonition afore terminating.

Reverification

Employers should not reverify the I-9 of an absolute agent who is a U.S. Aborigine or abiding citizen with a artificial blooming agenda alone because their abstracts accept asleep back they were hired.

For abiding residents, it doesn’t amount if the artificial blooming agenda is accurate for 10 years or 2 years. If it is accurate at the time of hire, again you should not reverify them in the approaching alone because the date on the artificial blooming agenda has expired.

However, adopted civic workers with acting application allotment charge be anxiously tracked and appropriate re-verified above-mentioned to the cessation of their I-94 or assignment permit. The employer would complete Area 3 for reverification.

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Rehires

For re-hires aural the accomplished 3 years, the employer does not charge to complete a new I-9. The employer alone needs to ample in Area 3. However, if a new I-9 anatomy has been issued back the aboriginal hire, again Area 3 on the new I-9 anatomy should be completed and stapled to the old one.

Name Change

It is not appropriate that an employer amend an I-9 back an agent changes their name due to a alliance or divorce. However, if the agent requests it, Area 3 could be used. Additionally, a animadversion can be added to the “Additional Information” Box in Area 2.

If the name change is due to a bearings area the agent acclimated a apocryphal name and SSN at the time of appoint (but the abstracts appeared absolute to the employer at that time) and the agent afterwards legalizes and advises the Employer of the situation, again the agent and employer should complete a new I-9, and the employer should explain the bearings in Area 2, archetype the new assignment allotment documents, and basic aggregate together.

Spanish I-9

The Spanish I-9 is alone accurate for us in Puerto Rico. Do not use it in the 50 states.

Use of Preparer and/or Translator

After the agent signs and dates Area 1, they should analysis off the box beneath that to announce if they did or did not use a preparer and/or translator to complete the form. If the agent did use accession abroad to admonition them complete the I-9 or the being acted as a translator, again the preparer/translator should complete that section.

Retention:

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Maintain the I-9 annal throughout application and for 3 years afterwards termination. This is a simplified adaptation of the assimilation rule, but it avoids adventitious abortive abolition of I-9’s for concluded employees.

Keep all your I-9’s in binders

Do not accumulate the I-9 in the employee’s HR file. Abstracted accepted advisers from concluded advisers and accumulate them in abstracted anchor labeled “Current Employees” or “Terminated Employees”. In the accident of an I-9 analysis by Immigration & Customs Enforcement (ICE), this will accomplish it abundant easier to aftermath them aural the 3 canicule requested by the agency.

Paper vs. Agenda I-9’s

You can additionally browse and accomplish a agenda archetype of the cardboard I-9 at the time of appoint or reverification, but the aboriginal cardboard adaptation will be the official version, unless you catechumen to an all-digital I-9 software affairs application a reliable bell-ringer that conforms to ICE’s agenda I-9 software protocols. If you do so and it conforms to ICE protocols, again the agenda adaptation will become the official adaptation but we still acclaim you absorb the cardboard I-9’s.

Be brash that the “smart” I-9 anatomy that is on the USCIS website is meant primarily for admonition purposes. It is not a agenda I-9 software affairs that conforms to ICE protocols. So unless an employer has purchases a reliable agenda I-9 software program, again they should abide to use the cardboard version.

Unusual Situations

Do not await on the agent for admonition as to whether they are assignment authorized. When in doubt, argue with counsel.

Additional Resources from USCIS

I-9 Central (USCIS I-9 Portal) at: https://www.uscis.gov/i-9-central

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I-9 Handbook from USCIS: https://www.uscis.gov/sites/default/files/files/form/m-274.pdf

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