Fresno, Calif.- Update 9.28.17 The United States Customs and Immigration Service or USCIS is reminding employers that the revised Form I-9 that was initially released in July, must now be used. Datatech reported on this story in July and you can read the stories below.
Form I-9, the Employment Eligibility Verification document has storage and retention rules and employers must follow those rules for any previously completed Form I-9.
Here’s a rundown of revisions to the instructions for Form I-9:
- USCIS changed the name “Office of Special Counsel for Immigration-Related Unfair Employment Practices” to its new name, “Immigrant and Employee Rights Section.”
- USCIS removed “the end of” from the phrase “the first day of employment.”
- USCIS added Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer can select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users can also select Form FS-240 when creating a case for an employee who presented this document for Form I-9.
- USCIS combined all certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
- USCIS renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.
Most of these changes are minor and do not affect the majority of agricultural employers, all employers must comply with the requirement to use the new Form I-9 as of September 18, 2017.
Updated 7.17.17 Datatech has just learned that the United States Customs and Immigration Service has released a revised version of Form I-9, Employment Eligibility Verification, as of Monday, July 17. You can download the Form I-9 on the Form I-9 page.
Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through September 17. On September 18, employers must use the revised form with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9.
Revisions to the Form I-9 instructions:
- We changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
- We removed “the end of” from the phrase “the first day of employment.”
Revisions related to the List of Acceptable Documents on Form I-9:
- We added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
- We combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.
- We renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.
Updated 11.15/16 As previously reported here at Datatech, the United States Customs and Immigration Services or USCIS has released the new Form I-9 on their website. The update is designed to make it easier for employee eligibility verification on a computer.
By January 22, 2017, employers must use only the new version, dated 11/14/2016. Until then, they can continue to use the version dated 03/08/2013 or the new version.
Among the changes in the new version, Section 1 asks for “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.
Other changes include:
- The addition of prompts to ensure information is entered correctly.
- The ability to enter multiple preparers and translators.
- A dedicated area for including additional information rather than having to add it in the margins.
- A supplemental page for the preparer/translator.
The instructions have been separated from the form, in line with other USCIS forms, and include specific instructions for completing each field.
The revised Form I-9 is also easier to complete on a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over. When the employer prints the completed form, a quick response (QR) code is automatically generated, which can be read by most QR readers.
Datatech Training Manager, Hannah Tarrats says, “While the new I-9 is a fill in form, this is in the instructions:
‘Employers and employees may choose to complete any or all sections of the form on paper or using a computer, or a
combination of both. Forms I-9 obtained from the USCIS website are not considered electronic Forms I-9 under DHS
regulations and, therefore, cannot be electronically signed. Therefore, regardless of the method you used to enter information
into each field, you must print a hard copy of the form, then sign and date the hard copy by hand where required.’
You’ll note that there are links at the top of the online form to go to the instructions, to start over or print the document. So, a way you can use the online form is to have a computer set up where employees type their information in, then print and sign.”
LInks:
The USCIS Website instructions for the new I-9.
Form I-9 requirements were established in November 1986 when Congress passed the Immigration Reform and Control Act (IRCA). IRCA prohibits employers from hiring people, including U.S. citizens, for employment in the United States without verifying their identity and employment authorization on Form I-9.
Datatech is helping Ag employers across America with simplifying their payroll and cost accounting with our suite of software products designed especially for the business of agriculture. See more here and request a free demonstration by filling in the contact form. Once you see our software with the HR add-on you’ll know why farm employers and labor contractors choose Datatech.
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9.21.16- If you’re employed anywhere in the United States, you’ve filled out Form I-9 to verify your eligibility to work in the U.S. Coming in November, the federal government is releasing a revised I-9 form to employers after much discussion as to the changes needing to be made.
In November 2015, the U.S. Citizenship and Immigration Services or USCIS announced proposed changes to the ‘Form I-9, Employment Eligibility Verification.’ According the California Chamber of Commerce, the revision process was a lengthy one, but, in the next couple of months, we’ll see revisions to the form.
According to USCIS, many of the proposed changes to the Form I-9 are intended to help reduce technical errors and help customers complete the form on their computer after downloading it from USCIS.gov.
The USCIS stated that the proposed form:
- Checks certain fields to ensure information is entered correctly;
- Provides additional spaces to enter multiple preparers and translators;
- Includes drop-down lists and calendars;
- Provides instructions on the screen that users can access to complete each field;
- Includes buttons that will allow users to access the instructions electronically, print the form and clear the form to start over;
- Provides a dedicated area to enter additional information that employers are currently required to notate in the margins of the form; and
- Will generate a quick-response matrix bar code, or QR code, once the form is printed. The QR code can be used to streamline audit processes.
Other proposed changes to Form I-9 included:
- Requiring employees to provide only other last names used in Section 1, rather than all other names used;
- Streamlining the certification in Section 1 for certain foreign nationals; and
- Separating the instructions from the form to bring the form in line with USCIS’ practices.
The Office of Management and Budget approved the final version of the new Form I-9 on August 25, 2016, and the USCIS has 90 days to update the form. The USCIS must publish a revised version by November 22, 2016.
The good thing for employers is that they’ll be given additional time to comply once the updated form is released.
In the meantime, as CalChamber previously reported, employers in California and anywhere in the U.S. should continue using the current version of Form I-9, which has an expiration date of March 31, 2016. The USCIS has specifically stated that employers can continue using this version until January 21, 2017.
After January 21, 2017, all previous versions of the Form I-9 will be invalid.
Datatech is helping Ag employers across America with simplifying their payroll and cost accounting with our suite of software products designed especially for the business of agriculture. See more here and request a free demonstration by filling in the contact form. Once you see our software with the HR add-on you’ll know why farm employers and labor contractors choose Datatech.