Immigration and Customs Enforcement (ICE) reversed the Form I-9 inspection sheet. Specifically, ICE changed their “Form I-9 Inspection Under Immigration and Nationality Act Section 274A”. Said document is a longstanding fact sheet for individuals going through the I-9 filing and submission process.
Changes
ICE changed the following errors to substantive Form I-9 violations:
- Not providing employee date of birth in Section 1.
- Not providing an employee’s U.S. Citizenship and Immigration Services (USCIS) number in Section 1.
- Not recording a date in Section 1 next to employee signature.
- Not listing an expiration date listed in Section 1, Box 4.
- This applies regardless of whether such an expiration date is listed in Section 2, List A or the Employment Authorization Document (EAD).
- Use of the Spanish language on any I-9 outside of Puerto Rico.
- Missing the name and title of the representative employer.
- Not providing the employees’ first day of employment.
- Not providing the employee’s social security number if the employer’s enrolled in E-Verify.
There are several other changes listed in the new Form I-9 guidance sheet.
Importance
These changes make it easier for immigration authorities to fine employers. This is especially true because ICE implemented these changes quietly and without any major announcement. Consult all the changes on the new guidance list before submitting any I-9 applications.
As always, ILBSG actively monitors ongoing U.S. immigration news. If you have questions about any U.S. immigration related issue, contact us. Working with an experienced attorney ensures you get the right advice based on the most recent laws. In an ever-evolving immigration policy landscape, it’s particularly critical you get the right advice.