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  • Writer's pictureRyan T. Biesenbach

Form I-9 Slated for Revisions

The current version of the United States Citizenship and Immigration Services Employment Eligibility Verification form – commonly referred to as Form I-9 – is being revised.

Since November 6, 1986, the Immigration Reform and Control Act has required employers to verify that all newly hired employees present facially valid documentation to verify their identity and legal authorization to accept employment in the United States. Form I-9 is the employer-mandated documentation to this verification. The current version of Form I-9 – which became effective January 31, 2020 – is set to expire on October 31, 2022. Although the proposed changes do not obviate the need for each new U.S. hire to complete Form I-9, they do simplify the process.

  • The proposed changes to Form I-9 are currently open to public comment (here) and include:

  • Reducing the page length of Form I-9 to reduce paper use;

  • Streamlining the instructions and reducing them to seven (7) pages from fifteen (15);

  • Eliminating the “N/A” requirement and allowing employers to keep fields blank that do not apply;

  • Removing Section 3 – “Reverification and Rehires” – into a standalone, as-needed supplement;

  • Removing electronic PDF enhancements to ensure that Form I-9 can be completed on all electronic devices; and

  • Including a hyperlink to the categorized “List C” documents on the U.S. Citizenship and Immigration Services’ website.

If you have any questions regarding this article, please contact the Underberg & Kessler attorney who regularly handles your legal matters or Ryan T. Biesenbach, the author of this piece, here, or at (585) 258-2865.

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