Feb. 4, 2020

After much anticipation, the new form I-9 was released by USCIS last week with minimal changes. There is a grace period of 90 days (until May 1) for employers to start using the new form, which 

is marked with a revision date of October 21, 2019. Failure to use the new form after May 1, 2020 could result in penalties in the event of an audit.

While there are no changes to the paper form, the online version has an updated ‘Country of Issuance’ list and ‘Passport Issuing Authority’ fields to include Eswatini (previously Swaziland) and North Macedonia (previously Republic of Macedonia). In Section 2, it clarifies that the employer has discretion when selecting an authorized representative, but the employer still remains liable for any violations committed by the representative. Section 2 now also includes instructions to leave any unused or irrelevant fields blank rather than writing “N/A,” etc. 

Finally, USCIS updates contact information and website addresses, the process for requesting paper I-9s and the DHS privacy notice. It is worth noting that, in updating the contact information, USCIS removed phone numbers in the ‘Immigrant and Employee Rights’ section. 

If you have any questions or concerns about I-9 compliance, please don’t hesitate to reach out to GYH at 301-917-6900 or by emailing info@grossmanyoung.com