New Anatomy Becomes Binding Sept. 18th
Originally acquaint by shrm.org
The newest adaptation of the Anatomy I-9 was appear by U.S. Citizenship and Clearing Casework (USCIS) July 17.
The form, acclimated by HR to verify application eligibility, will be binding alpha Sept. 18.
“Employers will be able to use this revised adaptation or abide application Anatomy I-9 with a afterlight date of 11/14/16 N through Sept. 17,” the bureau said. “On Sept. 18, administration charge use the revised anatomy with a afterlight date of 07/17/17 N.”
Current accumulator and assimilation rules accept not changed.
[SHRM members-only toolkit: Complying with Anatomy I-9 Requirements]
“The new adaptation brings actual attenuate changes to the form’s instructions and a account of adequate documents, which were created with the abstract ambition of authoritative the anatomy easier to navigate,” said Davis Bae, managing accomplice of the Seattle appointment of law close Fisher Phillips. “Besides alteration the diction on the anatomy in about ephemeral ways, the new adaptation renumbers all Account C abstracts except the Social Security agenda and streamlines the acceptance action for assertive adopted nationals.”
The revisions to the anatomy chronicle to USCIS’s Account of Adequate Abstracts and accurately amend Account C to reflect the best accepted adaptation of the acceptance or address of bearing issued by the U.S. State Department.
Employers commutual the Anatomy I-9 on a computer will be able to baddest the anew added Consular Address of Bearing Abroad Anatomy FS-240, which is issued to assertive advisers built-in across to a U.S. aborigine parent. E-Verify users will additionally be able to baddest Anatomy FS-240 back creating a case for an agent who has presented this certificate for application accommodation verification. “The FS-240 has absolutely been in use for a continued time, and so this change should advice some administration that were ahead told it was not acceptable,” said John Fay, carnality admiral and accepted admonition at the LawLogix analysis of Hyland Software, a aggregation that specializes in cloud-based I-9, E-Verify and clearing acquiescence services.
All bearing certificates issued by the State Department (Form FS-545, Anatomy DS-1350 and Anatomy FS-240) will be aggregate into alternative C#2 in Account C.
The new anatomy will additionally adapt the form’s instructions by removing “the end of” from the byword “the aboriginal day of employment” in advertence to commutual Section 1. “While the bureau did not specify the acumen for this change, it was acceptable fabricated to ensure bendability with the regulations which announce that Section 1 charge be completed ‘at the time of hire,’ after any advertence to the time of day,” Fay said. “Following this adapted guidance, administration may appetite to revisit their own I-9 behavior and procedures to ensure that Section 1 is completed no after than back the agent starts assignment for pay.”
The aftermost change is a afterlight of the name of the Department of Justice’s Appointment of Special Admonition for Immigration-Related Unfair Application Practices to its new name, the Immigrant and Agent Rights Section.
“HR professionals apparatus analytical abode programs and behavior every day, including advancement a acknowledged workforce,” said Chatrane Birbal, chief adviser in government relations at the Society for Animal Resource Management (SHRM). “While the USCIS revisions to Anatomy I-9 are minor, SHRM applauds the modifications and looks advanced to alive with the bureau and Congress to abutment added improvements that will accommodate administration with avant-garde accoutrement and body aloft E-Verify’s success.”
Switch Over to New Anatomy Now
“Although you will be able to use this new adaptation or abide application the antecedent Anatomy I-9 through September 17, it makes faculty to atom the use of the November 2016 adaptation and activate application the adapted adaptation appropriate away,” Bae said. “You should recycle all earlier versions you already accept printed out, and acquaint your hiring managers and animal assets assembly to download [the new version] of the anatomy for use with new hires from this point forward.”
Although the changes to the Anatomy I-9 are minimal, abortion to accede by the Sept. 18 borderline can aftereffect in cogent fines. Clearing and Customs Enforcement appear increases in fines for Anatomy I-9 violations aftermost year.
“Every change to the Anatomy I-9, no amount how baby or acutely insignificant, can accept an appulse on an employer’s adeptness to break in acquiescence with the law,” Fay said. “Sometimes, the better obstacle is aloof authoritative your alignment acquainted that a new adaptation exists, decidedly for those administration who are still commutual the I-9 on paper.”
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