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Employers acquire until Jan. 22, 2017, to get up to acceleration on application the newest adaptation of the Anatomy I-9, apparent 11/14/2016. The adaptation that has been in aftereffect aback 2013 (marked 03/08/13) will become anachronistic on that date. The new anatomy can be accessed on the U.S. Citizenship and Clearing Services (USCIS) website. The cessation date on the new anatomy is 08/31/2019.
Failure to use the new anatomy alpha Jan. 22 will betrayal organizations to penalties, which were afresh about doubled.
“With a new administering advancing in we acquire a lot of break that ICE [Immigration and Customs Enforcement] audits will increase, new analysis admiral will be assassin and administration in this breadth will get a lot of focus,” said Cynthia Lange, managing accomplice of clearing law close Fragomen’s Northern California convenance in San Francisco.
“Employers will acquisition that the Anatomy I-9 in abounding means is actual agnate to the antecedent version, but some alone fields and the anatomy instructions acquire been revised,” said Katie Nokes Minervino, an clearing advocate in the Portland, Maine, appointment of law close Pierce Atwood. “The amount requirements of the anatomy acquire not changed,” she added. The adequate abstracts account and assimilation requirements acquire remained the same.
Employers are not appropriate to use the new I-9 on absolute employees—one of the best accepted queries afterwards a new adaptation of the anatomy is released, said Dave Basham, a chief analyst in the analysis analysis at USCIS.
[SHRM members-only toolkit: Complying with I-9 and E-Verify Requirements]
There are now three means for users to complete the Anatomy I-9:
Employers application cyberbanking I-9 systems should not acquaintance any absolute appulse with this anatomy change, Lange said. Cyberbanking systems should artlessly amend the form.
If relying on a vendor, administration should analyze the cyberbanking artefact and the fields and requirements of the new I-9 adaptation to ensure the bell-ringer is accession all the all-important information, added Pierce Atwood clearing advocate Tony Derosby, additionally in the Portland office.
Using the ‘Smart Form’
The newest adaptation of the I-9 has been dubbed a “smart I-9” because of the fillable, alternate PDF advantage that enables users to ample in the fields of the anatomy online afore press and signing a adamantine copy. “When a user opens the acute I-9 in Adobe Reader, the fillable PDF anatomy banned options for added responses based on admonition ahead provided, flags errors and fields area admonition is missing, provides a articulation to the anatomy instructions, and includes added instructions for specific fields that are accessible by aerial over a question-mark figure that appears aloft a acreage aural the PDF,” Minervino said.
“The anatomy substitutes for training and helps adviser bodies to not accomplish the aforementioned aberration over and over again,” Lange said. But she reminded administration that the acute anatomy is not a safe anchorage adjoin ICE enforcement, is not chip with E-Verify nor added HR systems, and cannot abundance admonition nor accredit reporting.
“This is still absolutely a ‘paper’ I-9,” she said.
There’s additionally no claim that administration use the acute anatomy at all. Or, the acute anatomy can be partially abounding out online afore actuality printed, accomplished and signed.
Derosby explained that an agent could, for example, ample in Area 1 online, book it out and assurance folio 1 afore handing it to his or her employer. The employer could afresh ample in Area 2 and assurance the document, authoritative abiding to accumulate the two pages calm for retention. Or, a new appoint could ample in Area 1 by hand, and the employer could complete Area 2 online, book and sign.
He said that while the acute I-9 advantage is “probably not account activity out of your way to acquire an agent use,” abnormally if it will complicate accepting it aback on time, there’s abundant account to it that administration shouldn’t address it off completely.
“The new fillable I-9 is a adequate fit if your onboarding action involves the new appoint sitting bottomward at a aggregation computer to complete the I-9 on the aboriginal date of appoint and you can ensure that the agent has acceptance to the accepted adaptation of Adobe Reader, the internet and a printer,” Derosby said.
Read the New Instructions Carefully
Users will apprehension three tabs on top of the online I-9—Instructions, Alpha Over and Print—after beat on the articulation for the anatomy on the USCIS site.
“If addition makes mistakes while entering admonition assimilate the anatomy and wants to alpha over, they can hit the Alpha Over tab,” Basham said. If the HR able decides to book out the anatomy to be completed, he or she will allegation to bang on the Instructions tab and book those out as able-bodied to accord to the artisan bushing it out.
The instructions were added than angled from six pages to 15 to accommodate added admonition for users. “The instructions are close but absolutely accommodate a lot of adequate admonition to alternation your HR team,” said Montserrat Miller, a accomplice in the Washington, D.C., appointment of Arnall Golden Gregory.
Changes to Area 1
Patrick Shen, a accomplice in Fragomen’s Washington, D.C., office, said alone the agent can ample out the admonition in Area 1.
One key change is that users allegation access N/A in any fields that they ahead would acquire larboard blank. For example, if there is annihilation to access in the fields allurement for a average initial, or accommodation cardinal or Social Security number, those fields can no best be larboard blank.
The capital account of application the acute adaptation of the anatomy is that already the agent and employer are accomplished entering admonition and bang out of the form, all entries are advised for the actual format, including entries in blocks that crave an N/A. If errors are found, the anatomy will arresting what needs to be fixed.
Another modification lessens the authoritative accountability on adopted workers. If the new appoint attests to actuality a adopted civic accustomed to assignment in the U.S., he or she can accommodate either an conflicting allotment number, Anatomy I-94 acceptance cardinal or adopted allotment number. Previously, adopted nationals accustomed to assignment were appropriate to accommodate both an I-94 cardinal and adopted allotment information.
The new anatomy allows for up to bristles preparers and/or translators to anniversary assurance and date the anatomy in his or her own field. The above-mentioned anatomy had one acreage for potentially assorted preparers and translators to fit their signatures in.
“The agent [now] needs to affably analysis a box advertence that he or she did not use a preparer or translator if that’s in actuality the case,” Minervino said. “This is an important bifold analysis for all administration to ensure that this box is completed by the new hire.”
Changes to Area 2
Employers are amenable for commutual Area 2 of the Anatomy I-9. Lange said the employer adumbrative acceptance application accommodation allegation be in the concrete attendance of the actuality actuality absolute and allegation additionally see the aboriginal abstracts actuality presented.
Although the acute I-9 was an attack to advantage technology to abetment advisers and administration in the I-9 process, USCIS declared that application FaceTime or Skype with a new appoint to analysis abstracts is not permissible beneath the regulations, Derosby said.
“Employers are still abashed about this,” Lange added. “Using a webcam or some alien technology is still not acceptable.”
Basham said that if an agent is application the online adaptation of the form, Area 2 will self-populate the worker’s abounding name on folio 2. A new acreage asks for the new hire’s citizenship or clearing status. Administration allegation access the agnate character (1, 2, 3, 4) from the agent accession on folio 1.
There are no changes to the certificate account columns, but dropdown airheaded accepted to cyberbanking I-9s are now accessible on the online form.
“Use the dropdown to baddest which document(s) was presented,” Basham said. “We don’t crave HR professionals to be certificate experts. But HR allegation acquire abstracts presented by an agent if they analytic arise to be 18-carat and chronicle to the individual.”
Shen said that the acute anatomy is “pretty smart, but it’s not perfect. Application it is not a safe harbor.” He added that it’s important for HR to abide to be accustomed with immigration-related anti-discrimination laws to break compliant. If an employer asks too abounding questions of adopted workers about abstracts or doesn’t acquire a accurate document, afresh it could be apparent to liability. “Note that not all adequate abstracts are included in the dropdown menus,” he said. Even admitting the book is not common, an employer may accept an adequate certificate that is not listed and can be accessible to a bigotry allegation if it is rejected.
Finally, USCIS has added a ample box for added admonition in area 2. This could be acclimated to notate admonition that acclimated to acquire to be scribbled in the margins of the form, such as a adopted national’s Temporary Protected Cachet or Optional Practical Training information. “You can use it to accommodate an E-Verify case number, agent abortion date, anatomy assimilation dates, and any added comments for the employer’s business process,” Miller said. “But accomplish abiding whatever comments you address are bound to the Anatomy I-9 or your accord in E-Verify. If your anatomy is the accountable of a government investigation, whatever you address on the anatomy is fair game.”
No Changes to Area 3
Section 3 apropos reverification has not changed, but any reverifications done afterwards Jan. 22 allegation be done application the revised form. Reverification allegation be done back a worker’s application allotment or application allotment affidavit expires. “Employers allegation bethink that workers can appearance any certificate that shows appropriate to assignment and don’t acquire to use the aforementioned abstracts they presented back absolute previously,” Shen said.
USCIS is captivation a civic teleconference on Jan. 31 to analysis the latest enhancements to the Anatomy I-9 and acknowledgment questions from the HR community.
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