March 14, 2018

Important Takeaways from I-9 Webinar

On March 14, 2018, USCIS held a webinar entitled “Form I-9 Overview” to answer questions about completing Forms I-9. Below are some reminders and pointers that were discussed during the webinar:

· USCIS encourages employers to write “N/A” in any fields that are not applicable.

· The Form I-9 edition dated 07/17/17 includes a new field that requires the employee to check whether or not they used a preparer or translator. Employers should ensure the employee checks the applicable box and does not leave this section blank.

· Employers should ensure the “Lists of Acceptable Documents” is always made available to employees when they complete Section 1 of the Form I-9.

· In Section 1, the boxes entitled “Employee’s Email Address” and “Employee’s Telephone Number” are not required fields. Similarly, the box entitled “U.S. Social Security Number” is only required if your company is enrolled in E-Verify.

· Although a Spanish language version of Form I-9 is available, only employers in Puerto Rico can complete and retain this version. Employers who are not located in Puerto Rico may provide a copy of the Spanish language version to the employee for reference, but should still complete the English edition.

· When employers make corrections on existing Forms I-9, all changes should be initialed and dated. If the employer completes a new form to correct mistakes, the new form should be attached to the original Form I-9 along with a written statement explaining why a new form was completed.

· List B documents do not need to be re-verified.

· The Form I-9 is not considered complete until it is signed and dated by the employee in Section 1 and signed and dated by the employer or authorized representative in Section 2.

ICE’s Deputy Director recently stated the agency wants to implement a 400% increase in worksite enforcement, which includes I-9 audits. If you or your company would like to schedule a Form I-9 training or have our firm conduct an internal audit to ensure compliance with I-9 regulations, please contact one of our attorneys today.

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