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The United States Citizenship & Clearing Services (USCIS) has afresh afflicted the Anatomy I-9, Application Eligibility Verification. On January 31, 2020, the USCIS appear the long-awaited revised Anatomy I-9, Application Eligibility Verification (Form I-9), with an copy date of “10/21/2019.” The changes are accessory and USCIS has appropriately revised “Handbook for Employers: Guidance for Completing Anatomy I-9.”
Though the Anatomy I-9 went into aftereffect on January 31, 2020, USCIS has acceptable administration to abide application the above-mentioned adaptation of the anatomy until April 30, 2020. The USCIS has accustomed the administration added time to accomplish the all-important updates and acclimatize their business processes accordingly.
Form I-9, Application Eligibility Verification, is “used to verify the character and application allotment of individuals assassin for application in the United States.” All administration in the United States charge are appropriate to apparatus procedures for the use of Anatomy I-9 that ensure its able achievement for anniversary alone that is assassin for application in the United States—citizens and noncitizens alike.
Failure to appropriately complete the Anatomy I-9, retain, and abundance it may accept cogent implications on employers, from civilian penalties to bent prosecution, depending on the severity of the basal Anatomy I-9 issues aloft afterward a Department of Homeland Security accidental inspection, audit, or, even, worksite raid. As was the case when I wrote about the aftermost Anatomy I-9 afterlight in July of 2017, “the Department of Homeland Security [continues to] increase employer clearing acquiescence administration and employer clearing behavior and regulations are in a connected accompaniment of change. Daily, administration are bent off bouncer back Clearing & Customs Administration agents appear animadversion at Human Resources’ door, gluttonous to conduct accidental Anatomy I-9 audits.”
That aftermost Anatomy I-9 afterlight was appear on July 17, 2017, with a Anatomy I-9 cessation date of August 31, 2019. The 2017 afterlight included “adding the Consular Address of Bearing Abroad. . . to List C. . . . All List C abstracts [were] renumbered and USCIS accumulated all of the certifications of address of bearing that the United States Department of Accompaniment issues. . . beneath List C, Alternative C, Number 2.”
Since USCIS bootless to absolution a revised Anatomy I-9 above-mentioned to August 31, 2019, USCIS directed administration to abide application the asleep Anatomy I-9 until a revised adaptation was released. This acquired abundant abashing with employers. Many in New Jersey and Pennsylvania aloft apropos of penalties as a aftereffect of approaching Anatomy I-9 audits and accidental Department of Homeland Security inspections back agents analysis Anatomy I-9s completed on the asleep Anatomy I-9. As a best practice, administration should accede adhering abstracts to the asleep Anatomy I-9s acquainted the USCIS charge acute the use of an contrarily asleep federal government form.
The Department of Homeland Security has fabricated the afterward revisions to the Anatomy I-9:
Form FS-240 – Consular Address of Bearing Abroad has been added to List C. Employer who will be appointment their Anatomy I-9 online will now be able to baddest Anatomy FS-240 from the drop-down airheaded accessible in List C of Section 2 and 3. Anatomy FS-240 can additionally be acclimated by E-Verify users while creating a case for an agent who has acclimated this certificate for Anatomy I-9.
All certifications of address of bearing issued by the Department of States has been accumulated into alternative C, No. 2 in List C (Form FS-545, Anatomy DS-1350, and Anatomy FS-240).
All the abstracts in List C except added than “Social Security Card” accept been renumbered. For instance, the Application Allotment Certificate that is issued by the Department of Homeland Security has been afflicted from List C, No. 8 to List C, No. 7.
Clarifications accept been fabricated as to who can act as an accustomed adumbrative on account of an employer.
Updated the Department of Homeland Security aloofness notice.
A revised Spanish adaptation of Anatomy I-9 is accessible for use in Puerto Rico only.
Revisions fabricated to the country of arising acreage and the Issuing Authority acreage in Sections 1 and 2 respectively. The countries Eswatini and Macedonia accept been added to be in band with the countries’ contempo name change.
The revisions to the Anatomy I-9 instructions are as follows:
The anatomy is adapted with the new name of Immigrant and Agent Rights Section from its old name of the Office of Special Counsel for Immigration-Related Unfair Application Practices.
The words “the end of” has been removed from the byword “the aboriginal day of employment.”
The revised Anatomy I-9 can be downloaded by beat here.
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