By Gregory J. Norys
All employers are required to verify the citizenship status for new employees before the first date of employment. As part of the process, all employers are required to obtain a Form I-9 for all new employees.
On October 21, 2019 the Office of Management and Budget approved a new I-9 form. On January 31, 2020, the U.S. Citizenship and Immigration Services (“USCIS”) published the Form I-9 Federal Register notice announcing a new version of Form I-9: Employment Eligibility Verification. The new version contains minor changes to the form along with its instructions.
As noted above, all U.S. employers must properly complete the Form I-9 for each person they hire for employment in the U.S., including both citizens and non citizens. New hires and employers, or their authorized representatives, must complete the form. Employers must retain the completed forms for a designated period and make them available for inspection when called to do so.
The new edition of the form lists additional countries in the Country of Issuance field in Section 1, among other minor changes visible only when completing the electronic version of the form. The notice also provides employers time to make necessary updates and adjust their business processes.
Most important is that employers should begin using this updated form no later than April30, 2020.
To download the newest Form I-9, along with instructions, click here: https://www.uscis.gov/i-9
There are exceptions during these times (COVID-19) that employer’s and workplaces that are working completely remotely will not be required to review the employee’s identity and employment documents in person. To learn more contact me directly.
Although the novel coronavirus is requiring most employers to close and most employees to shelter in place, your company still needs advice. We remain open and available to help. If you have any questions, please contact Greg at (559)248-4820, ext.161 or gnorys@ch-law.com.
This article was written by Gregory J. Norys, a partner at Coleman & Horowitt, LLP, where he manages the firm’s Visalia office. As head of the firm’s labor & employment practice group, Greg works in the firm’s litigation department representing clients in complex commercial and real estate litigation, construction litigation, labor and employment counseling and litigation, and professional liability defense litigation. He has been named a Northern California Rising Star® by Super Lawyers (Thomson Reuters) and is a member of the Tulare and Fresno County Bar Associations and the Association of Business Trial Lawyers. Greg can be reached at gnorys@chlaw.com or (559) 248-4820, ext.161.