Employment Eligibility Verification

New I-9 Form Now in Effect for Employers The U.S. Citizenship and Immigration Services (USCIS) has released an updated Form I-9, Employment Eligibility Verification, with a new edition date of January 20, 2025. This form is valid through May 31, 2027, and must be used for all new hires and rehires. Employers may continue using the previous version with an August 1, 2023, edition date until its expiration on July 31, 2026. Key Changes * Section 1 Simplification: The employee and employer sections have been combined into a single page, streamlining the process. * Remote Verification Option: Employers enrolled in E-Verify can now use an alternative procedure to examine documents remotely. A new checkbox has been added to indicate this method was used. * Updated Document Descriptions: Revisions have been made to the descriptions of certain List B documents, such as driver's licenses and ID cards, to include information like "sex" instead of "gender" Action Steps for Florida Employers: 1. Update Your Forms: Begin using the new Form I-9 (edition date 01/20/25) for all new hires and rehires. 2. E-Verify Enrollment: If not already enrolled, consider joining E-Verify to take advantage of the remote verification option and enhance compliance. 3. Training and Procedures: Ensure HR personnel are trained on the new form and procedures, including the proper handling of documents and the use of remote verification if applicable. 4. Record Retention: Maintain completed Forms I-9 for each employee for three years after their hire date or one year after termination, whichever is later. 5. Conduct Audits: Regularly audit your I-9 records to ensure compliance and address any discrepancies promptly. Failure to comply with I-9 requirements can result in significant penalties. Stay proactive to protect your business and workforce. Let us know how we can help.

Do you know your I-9 Form? On the very full plate that HR professionals need to know about is a new version of Form I-9 (the Employment Eligibility Verification form) that is now live (as of 11/1/23). Here are the highlights: Overall, the new Form I-9 is a shorter and easier way for employers to verify their employees’ eligibility to work in the United States, especially for those who work from home or have a mix of in-person and remote work. It now has a checkbox where employers can say they used a special process approved by the Department of Homeland Security to check the employee’s documents. This special process allows employers who use E-Verify and follow the rules to check documents through a live video call. Employers need to keep a copy of these virtual documents, just like they do with documents they check in person. Importantly, this remote procedure can only be used if employers enroll in E-Verify. While this remote procedure was widely used during the pandemic, it is now restricted only to those employers who have enrolled. Another change you will see is the reduction of Sections 1 and 2 to a single page. This adjustment is aimed at streamlining the process and making it more user-friendly for employers. While the new format may save time and reduce the chances of errors, it’s vital to ensure that your HR personnel and staff responsible for completing the form are aware of the changes. The new Form I-9 separates the reverification and rehiring process into a new section, known as Supplement B. This change clarifies and simplifies the procedures for employers, ensuring that you are verifying the eligibility of employees who have expired work authorization documents or are rehired. The Preparer/Translator Certification, previously in Section 1, has been moved to a separate page called Supplement A. This change doesn’t significantly alter the process, but it’s essential to ensure that the person completing Section 1 is aware of the change in location. The new Form I-9 eliminates the need to write “N/A” in unused Section 1 fields, such as “Other Last Names Used” and “Apt. Number.” This change aims to simplify the form and reduce the likelihood of errors. Some other changes: The Lists of Acceptable Documents page has been revised to include acceptable receipts in addition to physical documents. There is now an “Anti-Discrimination Notice” discussing how to avoid liability for discrimination in the I-9 process. Employers must immediately start using this new form. Employers that use the old form are subject to penalties. Provide training to your HR team with the updated Form I-9 and its requirements. And finally audit your process from time to time to make sure that the process is being followed.

The USCIS is increasing the maximum validity period to 5 years for initial and renewal Employment Authorization Documents (EADs) for certain noncitizens who are employment authorized incident to status or circumstance, including those admitted as refugees, paroled as refugees, and granted asylum, as well as recipients of withholding of removal. The USCIS is also increasing the maximum validity period to 5 years for initial and renewal EADs for certain noncitizens who must apply for employment authorization, including applicants for asylum or withholding of removal, adjustment of status under INA 245, and suspension of deportation or cancellation of removal. The updated guidance also explains the categories of noncitizens who are automatically authorized to work (also known as being employment authorized incident to status or circumstance) and provides more information on who can present a Form I-94, Arrival/Departure Record, to an employer as an acceptable document showing employment authorization under List C of Form I-9, Employment Eligibility Verification. The Form I-94 must be accompanied by identity documentation for purposes of employment authorization. Finally, this guidance clarifies that certain Afghan and Ukrainian parolees are employment authorized incident to parole. #immigrationnews #EAD #I9 #knowtherules #employment