/

Not to be Ignored: The New I-9 “Smart” Form

Alfred T. De Maria

Just as employers and HR professionals were beginning to get comfortable with the parameters of the old Form I-9, U.S. Citizenship and Immigration Services (USCIS) rolled out a new I-9, which must now be used.

The new Form I-9 Employment Eligibility Verification is in two versions a “smart” PDF version (which is called “Form I-9”) and a Form I-9 “paper” version which can be printed and filled out manually.

The PDF I-9 has not become solely electronic or mandatory, so once the form is completed on the computer, it still must be printed out and manually signed and dated.  Both the smart I-9 PDF and the regular paper version I-9 PDF can be found on USCIS’ website: https://www.uscis.gov/i-9.

In addition to rolling out a smart I-9, USCIS made some content-based changes to the form.  Three notable changes were made to Section 1 (Employee Information and Attestation):

  1. “Other Names Used” was replaced with “Other Last Names Used”;
  2. Aliens authorized to work may now present an Alien Registration Number or USCIS Number (specifying which number), a Form I-94 Admission Number, or a Foreign Passport Number; and,
  3. Employees must now indicate whether or not they used a preparer or translator to complete the form.

Two notable changes were made to Section 2 (Employer or Authorized Representative Review and Verification):

  1. The employee’s citizenship/immigration status must be input at the top of the Section; and,
  2. A box with blank space has been added for “Additional Information,” which may include employment authorization extension notations or notations concerning employee termination.

What has not changed is that new employees must still complete Section 1 no later than their first day of work for pay, and that an employer must complete Section 2 of the form no later than the third business day that the employee is working for pay.  This is a strict timeline, and an employer’s failure to ensure timely completion of Form I-9 will open it up to civil liability.

New civil penalty rate increases are in effect.  Employer liability for I-9 errors or omissions can range from $216 – $2,156 per I-9, with the exact penalty amount dependent upon the number and severity of errors and omissions.  With the penalty rate increase, it has become even more important for employers to ensure I-9 compliance.