New I-9 Gains Approval from OMB
On August 25, 2016, the Office of Management and Budget (OMB), approved the final version of the new Form I-9. The accompanying Notice of Action issued by OMB allows for a 150 day period from the date of approval for employers to weave the new form into their processes. That would put the compliance date at January 22, 2017—meaning the current form is acceptable until that date.
While the new form has been approved, it has not yet been posted to the USCIS site, so employers will want to monitor the site to ensure they are using the correct form by the date provided. The approval and release of the new form coupled with the enhanced fine structure now in effect should cause employers to examine their current processes and timelines to ensure compliance. It is important to note that use of an incorrect version of the Form I-9 could lead to significant fines—which roughly doubled as of August 1. In addition, the new form has some minor but significant changes that could lead those caught unprepared down the “paperwork violation” path, also leading to fines.
As a reminder for those who have been following this situation, the laundry list of changes made includes the following:
- Validations on certain fields to ensure information is entered correctly
- Drop-down lists and calendars
- If no assistance is provided in Section 1, employee must indicate so on a new check box labeled, “I did not use a preparer or translator.”
- Enables the completion of multiple preparers and translators, each of whom must complete a separate preparer and/or translator section.
- Employees providing an Alien Registration Number/USCIS number in Section 1 must indicate whether the number provided is in fact an A-number or a USCIS number, even though these are currently the same.
- Adding a field to the top of section 2, where the employer is expected to write the number corresponding with the citizenship/immigration status selected by the employee in section 1.
- Embedded instructions for completing each field
- Buttons that will allow users to access the instructions electronically, print the form, and clear the form to start over
- A dedicated area to enter additional information that employers are currently required to notate in the margins of the form
- A quick-response matrix barcode, or QR code, generates once the form is printed and can be used to streamline audit processes
- Requiring employees to provide only other last names used in Section 1, rather than all other names used
- Removing the requirement that aliens authorized to work must provide both their Form I-94 number and foreign passport information in Section 1
- Separating instructions from the form, in keeping with USCIS practice
- Adding a Supplement in cases where more than one preparer or translator is used to complete Section 1
We will continue to monitor this situation and report any noteworthy developments.
Bottom line
Employers should continuously monitor the compliance landscape to keep abreast of regulations and enforcement positions that could affect their I-9 processes. Equifax Workforce Solutions can help simplify your best practices approach to the I-9 process through an easily-managed technology platform that can help with compliance.
Contact us for more information on the new I-9 and learn how Equifax Workforce Solutions can assist your company in creating a strong culture of compliance with your I-9 processes.
Related resources:
Webinar | “Guidance for Employers on I-9 Self-audits: Hear From a DOJ Special Counsel”
Demo | I-9 Audit and Remediation – new toolset to help manage I-9 self-audits
Knowledge center | I-9 Managament – updates, best practices, solutions
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