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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