continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination.”
Also not changing are the three basic sections of the Form I-9. Section One, Employee Information and Attestation, must be completed by the employee; Section Two, Employer or Authorized Representative, Review and Verification, must be completed by employers; and Section Three, Reverification and Rehires, must be completed by employers for employees who are rehired or whose employment authorization requires reverification.
Employers may continue to use E-Verify to supplement Form I-9 and ensure employment eligibility.
Here are the key changes and enhancements:
A new“ smart” form has been created to allow the form to be complete on a computer. It includes dropdown lists and calendars for filling in dates, onscreen instructions for each field, easy access to the full instructions, and error checking capabilities.
At this time, the smart form version is only compatible with Adobe Reader.
Section 1 asks for“ other last names used” rather than“ other names used”. This change, requiring only the last name, is intended in part to protect the privacy of transgender and other individuals who have changed their names. This same protocol exists for Section 3 where an employee is being rehired or re-verified.
In section 1, the employee may select multiple preparers / translators, with a new supplemental attestation for use by each preparer / translator. The new smart form has a drop-down menu for the number of preparers / translators and automatically adds the appropriate number of attestations.
Section 2 includes a new“ Citizenship / Immigration Status” field, with a pulldown list on the smart form, as an option to writing in the appropriate number corresponding to citizenship / immigration status.
There is a new dedicated area for including additional information that previously had to be entered in the margins, such as information on unique work-authorization scenarios.
In Section 3, the employer must now complete the Last Name, First Name and Middle Initial fields as provided by the employee in Section 1.
Using the smart form:
It is important to note that the new smart form is not an electronic form that may be submitted or stored online. Employers using the form to complete with the use of a computer will still need to print the form when completed, secure handwritten signatures, store in a safe place, and monitor reverifications and updates. New information must be retyped into the E-Verify system.
Employers and employees may choose to complete any or all sections of the form on paper or using a computer, or a combination of both.
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JANUARY 2017 • DITCHMEN 9