Compliance Reminder – New Form I-9 Required by May 1

Employers need to start using the newest version of Form I-9 by May 1, 2020. The latest version dated 10/21/2019 contains minor changes to the form and instructions. Employers are allowed to use the previous version of the form until April 30, 2020. The version date is located in the lower left corner of the form.

Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

What’s New

The U.S. Citizenship and Immigration Services (USCIS) made the following changes to the form and its instructions:

Form

Revised the Country of Issuance field in Section 1 and the Issuing Authority field (when selecting a foreign passport) in Section 2 to add Eswatini and Macedonia, North per those countries’ recent name changes. (Note: This change is only visible when completing the fillable Form I-9 on a computer.)

Instructions

  • Clarified who can act as an authorized representative on behalf of an employer
  • Updated USCIS website addresses
  • Provided clarifications on acceptable documents for Form I-9
  • Updated the process for requesting paper Forms I-9
  • Updated the DHS Privacy Notice

Obtain Latest Form I-9 & Instructions

Interruptions to Employment

Form I-9 must also be completed when rehiring employees. See the Form I-9 Instructions on Completing Section 3: Reverification and Rehires for more information.

In certain situations, such as a temporary layoff for lack of work, completing the Form I-9 may not be required when employees are recalled. In the case of such an interruption in employment, employers should determine whether the employee was continuing in their employment and had a reasonable expectation of employment at all times. If it is determined that an employee was terminated and is now rehired, and the rehire occurs within three years from the date the original Form I-9 was completed, employers have an option to complete a new form or rely on the original one.

Form I-9 & Interruptions to Employment

For More Information

If you have questions on employment or other HR-related issues, contact KMA today!

About KMA

Since 2007, KMA has provided businesses in Maine, New Hampshire, and Massachusetts with outsourced Human Resources support—on-site or remotely—during times of growth, transition, and conflict. Our team of expert consultants addresses compliance issues, solves employee relations challenges, and helps recruit, hire, and retain talent in tight labor markets. We are HR.™

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