The federal government’s Form I-9, used by HR departments across the country to verify workers’ employment eligibility, is expiring at the end of the month.
The U.S. Citizenship and Immigration Services (USCIS) is working on updating the form, but it may not happen until after the expiration date.
Here are three of the proposed revisions:
- Employers may designate anyone to be an authorized representative to complete Section 2 of the form. The employer is still liable for any violations committed by the designated person.
- Writing “N/A,” or not applicable, in the identity-document columns is no longer necessary. When entering document information in the List A column (or, alternatively, in the List B and List C columns), you will not need to enter “N/A” in the columns that are not used.
- The form’s List C documents that establish employment authorization do not include a worker’s Employment Authorization Document (EAD). The List C documents include a Social Security card and birth certificate, while the EAD (Form I-766) providing temporary employment authorization to work in the United States is a List A document.
While it is still unclear whether USCIS will provide a new expiration date for the form this month, past practice indicates that employers may continue to use the current Form I-9, even after the expiration date of the current form, until a revised version is available.
Can California Employers use the new REAL ID as a “List B” identity document on the Form I-9?
Yes. A driver license with the “Federal Limits Apply” notation indicates that the license does not meet federal standards for the issuance and production of a compliant card under the REAL ID Act, but it does not prohibit the document from being used to establish identity for Form I-9 purposes.
The REAL ID Act of 2005 is a federal law pertaining to national security, which, among other things, requires that all states comply with federal standards in issuing driver licenses or identity cards and that those standards be in place by October 2020.
The California Department of Motor Vehicles (DMV) is in compliance with this law and now issues two types of driver licenses or identity cards — one that complies with the REAL ID Act and one that does not. Either license is an acceptable identity document for purposes of Form I-9 requirements.
As always, if you have any HR questions or need assistance, please contact JorgensenHR at (661) 600-2070, email firstname.lastname@example.org or visit www.jorgensenhr.com.