USCIS (U.S. Citizenship and Immigration Services) has published the long awaited release of a new Employment Eligibility Verification, Form I-9 ‘(Rev. 11/14/2016 )N’. Since it’s been over three and a half years since USCIS last released a new version of the Form I-9, this post seeks to help you understand what you can expect to see on the new Form I-9 and to help you start thinking about how it might impact your hiring and on-boarding process.
By way of background, almost a year ago, USCIS published the first draft of the new form. Then in March 2016, USCIS proposed a few updates to the draft after reviewing thousands of public comments. The end result is a new version of the Form I-9 that was designed to help employers reduce technical errors that commonly occur when completing the Form I-9 on paper, provided the employer completes the new version on a desktop computer.
The new edition of the Form I-9 is ready for use immediately. However, employers can continue to use the previous version of the Form I-9 (Rev. 03/08/2013) until January 21, 2017. At the time of this post, USCIS has not fully updated their I-9 Central website with new instructions tailored to the new version of the Form I-9. During a USCIS conference call about the new Form I-9, USCIS stated that they do not expect to publish the updates to the Handbook for Employers, M-274 that address the new Form I-9 until as late as January 21, 2017. However, you can download the latest version of the Form I-9 and Instructions from the USCIS website here.
The new Form I-9 is designed to be Smart
Many people are calling the new version a “Smart” Form I-9 because it supports some data validation and efficiencies when it is completed on a desktop computer. Employers must be able to download it to their computer and fill it out electronically in order to take advantage of the new limited set of field validations, drop-down lists and on-screen instructions. Employers can still complete the Form I-9 using paper, but doing so will expose them to the same error prone process. More than 50% of paper forms are flawed and could incur fines ranging from $216-$2,156 per affected record. The proposed changes are great first steps that will begin to help hiring professionals improve their I-9 efficiency and reduce some level of risk.
But how Smart is it?
While the new features are a step in the right direction, the benefits of the USCIS smart form just scratch the surface when compared 
to a more automated and full-featured approach built by a reputable technology company, like Tracker’s I-9 Complete solution. There’s a big difference between the new “Smart” Form I-9 and a well designed electronic I-9 software application in terms of the compliance value and effectiveness in getting the job done. The USCIS smart form will still require significant work to ensure compliance. For example:
- It does not check PO boxes in Section 2, nor does it validate US Passport, EAD (I-766) or Permanent Resident Card (I-551) document numbers.
- It also does not track for employment authorization reverifications, receipt reverification or purge eligibility. You will need to manage these processes manually.
- It isn’t designed to have the usability of a software tool; the workflow is clunky and involves lots of clicks and repetitive data entry.
- It doesn’t have electronic signature capabilities, meaning employers will have to print the form and have both employee and employer sign it.
- There’s no E-Verify integration, creating a process gap that requires duplicitous data entry that could lead to errors.
- It does not have any security measures in place such as password protections or data encryption. In addition, there’s no audit trail to monitor changes made.
- It is a one size fits all approach without the technical capacity to handle unique and complex hiring workflows, or the tracking capability required for volume hiring. It is most practical for small organizations with low volume.
What’s new about the New Form I-9?
While there are numerous content and cosmetic modifications to the new Form I-9, the chart below describes the most noteworthy changes change to the Form I-9 and our comments.
| Form I-9 Change |
Tracker Comment |
| Employees and employers must enter a value for almost every Form I-9 field. The Form I-9 instructions state that “N/A” must be entered for fields that do not apply. For example, if the employee does not have a middle name, then the employee must enter “N/A” in the Section 1 Middle Initial field. |
We believe this rule change will have have a significant impact to the Form I-9 process because most individuals will intuitively skip fields that do not apply to them. The “Smart” Form I-9 flags empty fields, but employers who stick with the paper Form I-9 process will find it challenging to adhere to this new rule. |
| Employees must indicate if one or more Preparer/Translator(s) assisted them with the completion of form. A separate Preparer/Translator Certification must be completed for each Preparer/Translator that helps the employee. USCIS has published a Preparer/Translator Supplement for capturing multiple Preparer/Translator Certifications. |
Adding the ability to support multiple preparer/translator certifications will help document these rare occurrences. Employers who choose to complete the Form I-9 on paper will need to ensure that they have a printed copy of the Preparer/Translator Supplement and remember to use it when necessary. |
| Employees are now instructed to provide only other last names used in Section 1, rather than all other names used. Previously, the corresponding field on the previous version of the form did not specify that only last names should be entered. |
We expect that this change will help employees feel more confident with how to complete the Other Last Names field now that its purpose has been clarified. |
| The additional information that is collected in Section 1 for certain foreign nationals with temporary work authorization has been streamlined. |
This update simplifies the Section 1 process for certain foreign nationals. |
| A new dedicated area has been added to Section 2 for annotating additional information that must be captured for TPS, F-1 OPT STEM, CAP-GAP, H-1B/H-2A portability, and other nonimmigrant categories. |
This is a welcomed update that provides employers with a must needed space to add annotations to the Form I-9, which USCIS previously instructed employers to enter somewhere into the margins of the form. |
| Employees can now enter a P.O. Box in the Section 1 address field. |
USCIS has reversed course and employees are no longer expressly prohibited from entering a P.O. Boxes in the Section 1 address field. However, P.O. Boxes are not allowed in the Section 2 Business Address field. USCIS has not yet explained this inconsistency. |
If I complete the Form I-9 on paper today, should I consider going with an electronic Form I-9 solution in light of the new Form I-9?
Given that the new Form I-9 will impact your hiring process, the more you hire, the more you will be affected. Many companies are thinking about taking this opportunity to go electronic. Since you are required to integrate a new Form I-9 into your business process, why not explore how an electronic I-9 solution can do most of the implementation work for you while dramatically improving both compliance and efficiency? If you are ready and willing to switch to an automated I-9 system, make sure the system you adopt is poised to implement the new Form I-9 and meets or exceeds regulatory electronic Form I-9 requirements, such as Tracker I-9 Complete. Adopting an automated I-9 and E-Verify solution, such as Tracker’s I-9 Complete, is the best way to eliminate compliance risks. Its powerful compliance logic makes it virtually impossible to process an I-9 with errors. Request a Demo and take the first step toward flawless compliance.
_________________________________________________________________________
Tracker is the most trusted partner for I-9 and E-Verify compliance, with thousands of customers including the top U.S. employers. We are the only I-9 software company with a perfect 13-year record with federal agencies and systems.
As we pointed out last month, USCIS (U.S. Citizenship and Immigration Services) has released new forms and set new fees. Read that blog post USCIS Releases NEW Form I-9 for help on understanding the new Form I-9 and how it might impact your hiring and on-boarding process.
issued rulings outlining several civil penalty increases, ranging from small hikes, to some increases nearly doubling. The ruling stems from the Federal Civil Penalties Inflation Adjustment Act Improvements Act, signed into law in November 2015, and requires an initial catch-up adjustment followed by annual adjustments of the civil penalty amounts. Beginning August 1, 2016, the penalty increases will effect case violations dating back to November 2, 2015.
signed into law by Governor John Hickenlooper on June 8, 2016, Colorado employers will be relieved of the burden of completing and maintaining a separate state employment verification affirmation form. This new law also does away with the requirement of employers to keep physical copies of the supporting documents used to establish identity and employment eligibility presented when completing a Form I-9. 
a choice for employers of six or more employees the option to use either E-Verify, or only accept certain documents that establish identity and work authorization, the new law going into effect January 1, 2017 will eliminate this option for Tennessee employers of fifty or more employees. All employers with a Tennessee work force greater than fifty employees will be required to use E-Verify exclusively.