Why New Form I-9 with Enhanced Features Is an Improvement
The US Citizenship and Immigration Services (USCIS) has come up with a new version of form 1-9. The form is used to verify the identity of the staff hired in the U.S. This ensures that those employed have the appropriate legal authorization. Every person who is an employer in the US is required to fill the form for every person they hire and retain it. The form can be completed online and then printed and retained by the employer, or it can be printed and completed manually by the employer.
Completion of Form 1-9
To complete form 1-9, an employee should complete the first section within the first day of his or her employment. Section 2 is completed by the employer by the end of the third business day or within 72 hours after the employee starts working. The employer can also complete the form before the start of the employment provided the offer for employment has been made, and the worker has accepted the offer. The employee is expected to present some documents to prove their identity and eligibility for employment and to make easier for the employer to complete the form. The employer is, however, completely liable for the full and correct completion of form 1-9.
New Features Are an Improvement
The new form is dated 07/17/17, and it is a replacement for the form dated 11/14/2016. The form was first used on 18th September 2017. It has notable features that are new compared to the features in prior versions. Some of the features include structural changes such as expanded instructions, the user can also add multiple preparers, and the form is also being termed as the smart 1-9 due to the smart features that are electronically embedded in the form. The features aim is to reduce errors and give the user an easy time when completing the form.
The smart features can be seen when the form is being filled in Adobe Reader. They include:
- The form has a drop-down lists and a calendar for keying in dates.
- There are also prompts that allow the employer to enter the correct and full information such as the correct Social Security number.
- The form also has on-screen instructions for every field with question marks that you can click on in case you want to see the instructions. There are also buttons allowing users to access important instructions on how to fill the form.
- Another improvement is the new preparer that will provide an error notification if all the fields are not fully and well filled. This is only available for section 2, and the first section does not have this feature.
- There is also the additional space that gives room for keying in of multiple preparers or the choice to use a translator. A box labeled “I did not use a preparer or a translator” is also available.
- There is a field to key in additional information such as correction notes or E-Verify confirmation numbers.
- Section 2 has a new citizenship/immigration status
- There is the paper version of the form which is unfillable. If you plan to use this version, you should be familiar with the given drop-down menus that are used for document titles and to issue authority to minimize errors.
- The form also has a barcode that is unique for each of the forms that are generated once it is filled. The barcode makes it easy to perform an audit.
- The 15-page instructions also have charts, document titles, and abbreviations that are used for the three listed documents.
What This Means for Employers
The form is a well-needed upgrade from former versions and will help employers keep errors to a minimum. The updated M-274 1-O9 Handbook for employers also provides clear guidance on how to complete the form. However, while users will find it easier to complete the form on the computer, they are still required to print it and get handwritten signatures from the employees and physically store the form. The employers are advised to read the given instructions to minimize mistakes as they complete the form. Additionally, employers are also cautioned against overreliance on the given features as they can still make mistakes and yet the employers are responsible for filling the correct information on every section of the form.
Despite the advantages that come with the new form, there will be very little room for employers to argue that they were not aware on how to issue authority or list the document title since the new forms are enhanced with the drop down features and instructions. This might mean that the penalties for failure of compliance might be heftier. Civil fines for 1-9 violations have been on the rise, and this is why employers need to be more careful in completing the form. Employers can consider doing an audit to reduce any liability that might be in existence. It is easier for some of these liabilities to be mitigated if an internal audit is conducted saving the employer a headache and numerous dollars in fines in case Homeland Security investigations encounter violations.
If you are an immigrant having trouble providing the right documents to your employer for him or her to complete the new form 1-9, consult a professional who can help you with your needs. Feel free to contact RunRex.com for the best immigration help you require.