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USCIS Issues New I-9 Handbook Following AGC-Attended Meeting on I-9 Usability

The U.S. Citizenship and Immigration Services (USCIS) of the Department of Homeland Security recently released a revised version of its “Handbook for Employers: Instructions for Completing Form I-9.”  Release of the January 5th edition of the handbook comes just two months after an AGC-attended stakeholders meeting hosted by USCIS on the usability of the Form I-9 and the employment eligibility verification process. The revised handbook clarifies dealing with such issues as grandfathered employees, rehires, name changes, misspellings, correcting mistakes, and interruptions of employment that might or might not trigger a requirement to complete a new I-9 form such as leaves of absence, layoffs, and corporate mergers.  It also explains that U.S. citizens and noncitizen nationals never need reverification, even when documents previously listed on the form such as a U.S. passport, Permanent Resident Card, or a List B document has since expired.  It further adds that “employers must reverify an employee’s employment authorization on Form I-9 no later than the date the employee’s employment authorization or employment authorization document expires, whichever is sooner.” At the stakeholders meeting, USCIS announced that it is in the early stages of the rulemaking process for revising Form I-9.  Agency officials asked meeting participants about problems with the current form and suggestions for change, taking notes as AGC staff and other participants relayed employer concerns.  Click here for a summary of the discussion. To download the most recent version of Form I-9 and to obtain more information on immigration compliance for employers, visit AGC’s Labor and HR Topical Resources web page.  Select “Other Legal Issues” from the first pull-down menu and “Immigration & Employment Eligibility” from the second.