USCIS has updated the M-274 Handbook for Employers to clarify how employers should complete the I-9 employment verification form. Many of these updates are a result of the new Form I-9 version that is mandatory starting May 1, 2020. The Handbook makes these notable changes, among others:

• Confirms that an employer can designate anyone to serve as its representative to complete Section 2 of the form, other than the employee him or herself. Keep in mind, you will remain liable for any mistakes this agent might make. For this reason, you should provide clear and thorough instructions to the agent/representative and review the completed Form I-9 carefully.

• Changes the instructions for completing the Form I-9 when using documentation of an automatic extension of employment authorization, clarifying that this information should be entered only in Section 2 and that the employee does not need to update their information in Section 1.

• Revises the instructions for completing Form I-9 for a foreign student who qualifies for an F-1 cap-gap extension of employment authorization while an H-1B petition is pending.

• Revises the instructions for determining F-1 foreign student and J-1 exchange visitor employment authorization expiration dates.

• Adds to the instructions regarding how to calculate Form I-9 retention dates and how to meet electronic I-9 requirements.

• Details Form I-9 penalties and prohibited practices including discriminatory practices and document abuse.

• Adds instructions for completing Form I-9 when an EAD is automatically extended by a Federal Register Notice, when an employee presents documentation as a Native American born in Canada, and when an employee is referred by a state employment agency.

Reach out to Aimee Clark if you have questions about Form I-9 requirements, E-Verify requirements, or other aspects of employment verification compliance. We can help you review your forms and systems and put in place top-notch policies and procedures to ensure your forms are in order and your workforce is solid. https://app.legaler.com/aimeeclark/book