Federal Form I-9, which is used nationwide by HR departments in order to verify workers’ identity and employment eligibility, is expiring at the end of August 2019. However, an announcement by the Department of Homeland Security (DHS) extending the form’s expiration date is expected soon, and will include the following clarifications:
- Employers may designate anyone to be an authorized representative to complete Section 2 of the form. The reason for this is because some employers have reported difficulties in completing I-9 forms for remotely hired workers and need more precise clarification as to who may serve as an authorized representative in order to complete 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 requirement to enter ‘N/A’ in certain portions of the form could be burdensome and unclear,” Fay said. “Now, for example, if you have an employee present a U.S. passport, which is recorded in the List A column, you do not need to write ‘N/A’ in all of the fields in the List B and List C columns.”
- 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 birth certificate and Social Security card, while the EAD (Form I-766) providing temporary employment authorization to work in the United States is a List A document.
The current version of Federal Form I-9 (marked 8/31/2019) is expected to extend without changes, although minor clarifications will be made to the form’s instructions. It is still unknown whether DHS will provide a new expiration date for the updated form this month, however 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.
For further information on Federal Form I-9, please contact us at (941) 761-7704 and we will be happy to assist you.