Q&A About Revised Form I-9
May 1st, 2017
According to the American Immigration Lawyers Association (AILA) (AILA Doc. No. 16122004), the USCIS Verification Division presented an overview of the revised Form I-9. The Division also responded to questions about the revised form. Listed below are some questions asked during a set of teleconferences about Form I-9.
Questions and Answers
- If I use E-Verify, do I also need to complete Form I-9?
- Yes. Form I-9 must be completed first, as it is the basis of the process for employment eligibility verification.
- How long does the employer need to keep Form I-9?
- Form I-9 should be kept on file for 3 years after the start date of the employee, or 1 year after the employee's termination date, whichever is longer.
- As an employer, do I have to use Section 3 for re-verifications and rehires, or can I complete a new Form I-9 and run a new E-Verify case?
- To re-verify an employee's employment authorization, you must complete Section 3 on Form I-9. If you are rehiring an employee, you can choose to either complete a new Form I-9 or complete Section 3 on the original I-9. Do not complete a new Form I-9 to create a new E-Verify case for an existing employee.
- Do employers need to complete a new Form I-9 for current employees who were verified on a previous form version?
- No. Employers only need to use the revised form for employees hired on or after January 22, 2017, and for employees who need re-verification on or after that date.
- Does E-Verify provider notification to the employer when an employee's EAD is expiring?
- Yes. E-Verify gives the employer a notification when an employee's EAD or Form I-94 is expiring.
- What is the QR Code?
- The QR code generates when the form prints from consolidating all of the information entered when the form is completed electronically. This is optional and should be left blank if the form is completed on paper.
- Can an employer also act as the preparer or translator?
- Yes. An employer acting also as a preparer or translator acts as an individual and must enter their personal address in the Preparer/Translator Certification in Section 1, but their business address in Section 2.
Read the full list of questions and answers here.
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