If they don’t already, US employers must view Form I-9, Employment Eligibility Verification, as more than just a form. Changes to the form reflect changes in law, regulation, policy, and technology. Employers must monitor Form I-9 developments and learn to read between the lines. After several years without changes, the United States Citizenship and Immigration Services (USCIS) has rolled out two new versions of Form I-9 since November 14, 2016, with the most recent version taking effect on September 18, 2017.
The recent releases of the Form I-9 coincide with an increase in a focus on employer enforcement activity and policies. The Form I-9 and the associated fines for violations and non-compliance were static since 2013. Thus, while many of the Form I-9 changes can be correctly characterized as technical and non-substantive, employers should not minimize the implications of frequent changes and governmental investments in technology enhancements.