On November 14, 2016, the USCIS issued the long-awaited revised Form I-9. Employers may continue using the current version of Form I-9, with revision date of March 8, 2013 until January 21, 2017. After January 21, 2017, employers must use the new Form I-9, revised on November 14, 2016.
The new revised Form I-9 contains three Sections, just as the previous version. Section 1 must be completed by the employee, and Sections 2 and 3 must be completed by the employer. Just as the previous version, the revised Form I-9 may be completed on a computer. Also, the English version of Form I-9 includes specific instructions for each field and drop-down lists for acceptable documents, which can be accessed from the Form itself when completed on a computer, by clicking on the question mark next to each field or the arrow indicating a drop-down list is available. The full set of Instructions may also be accessed from the Form I-9, if the Form is being completed on a computer with Internet access. Certain fields in the revised Form I-9 will also be automatically completed with “N/A,”according to how other fields are being completed.
The new revised Spanish version of Form I-9, which can be used by employers in Puerto Rico, does not contain the additional instructions and drop-down lists included in the revised English version. Employers in Puerto Rico may use the Spanish version of Form I-9, or they may choose to use the revised English version.
Form I-9 may be completed on a computer, on paper, or a combination of both. However, this revised Form I-9 is not considered to be an electronic document, and cannot be electronically signed. This means that despite completing the Form on a computer, it must be printed and signed by hand.
The USCIS has also issued a Form I-9 Supplement to provide additional space in case more than one Preparer or Translator assisted the employee to complete Section 1. In addition, the USCIS has announced that a revised version of the Handbook for Employers will be published soon.
To access the new revised Form I-9 (English and Spanish versions), the Form I-9 Supplement, the Instructions, and the Handbook for Employers, visit the USCIS’ website: https://www.uscis.gov/i-9
The content of this McV Alert has been prepared for information purposes only. It is not intended as, and does not constitute, either legal advice or solicitation of any prospective client. An attorney-client relationship with McConnell Valdés LLC cannot be formed by reading or responding to this McV Alert. Such a relationship may be formed only by express agreement with McConnell Valdés LLC.