On January 31, 2020, USCIS published the Form I-9 Federal Register notice announcing a new version of Form I-9, Employment Eligibility Verification.

The notice allows employers to continue using the prior version of the Form I-9 (Rev. 07/17/2017 N) until April 30, 2020. Any Form I-9 completed after that date must be on the new form with the 10/21/2019 version date. The version date is located in the lower left corner of the form.

The following changes have been made to the Form I-9: 

  • When completing the fillable Form I-9 on a computer, the Country of Issuance field in Section 1 and the Issuing Authority in Section 2 have been updated to add two countries (Eswatini and Macedonia, North) to reflect those countries’ recent name changes.

The following changes have been made to the Form I-9 Instructions so that they:  

  • Clarify that an employer can authorize any person to complete Section 2 of the Form I-9. It also provides notice that the employer is liable for any violations in connection with the form or the verification process committed by an authorized individual.
  • Clarify that if an employer enters document information under List A, it should leave List B and List C blank. If the employer lists document information under List B and List C, it should leave List A blank.
  • Clarify that the Employment Authorization Card (Form I-766) from the List A documents is not included as an acceptable Employment Authorization document under List C.
  • Provide the updated USCIS website for obtaining the Form I-9 and instructions.
  • Allow the employer to order paper copies of the Form I-9 via the USCIS website.

Additionally, a revised Spanish version of the Form I-9 with a version date of 10/21/2019 also is available. However, the Spanish version only can be used in Puerto Rico.

If you have questions about Form I-9 rules, or E-Verify rules, please contact Adam Roberts at Chapman Law Firm for a consultation.