SUMMARY OF CHANGES - NEW FORM I-9 – EFFECTIVE JANUARY 17, 2017

Section 1 - Most Important Changes:

  • USCIS has replaced the “Other Names Used” field in Section 1 with “Other Last Names Used” in order to avoid possible discrimination issues and to protect the privacy of transgender and other individuals who have changed their first names.
  • Section 1 has been modified to request that aliens authorized to work record EITHER their;
  1. Alien Registration Number (A-Number)/USCIS Number OR
  2. Form I-94 Admission Number OR
  3. Foreign Passport Number & Country of Issuance.

  • If the employee does not use a Preparer or Translator to assist in completing Section 1, he or she must indicate so on a new check box labeled, “I did not use a preparer or translator.” In addition, the form enables the completion of multiple Preparers and Translators, each of whom must complete a separate Preparer and/or Translator Section.
  • No blank spaces are allowed. If an employee does not provide any of the following information in Section 1, he/she must enter N/A on the Form I-9.
  1. Middle Initial
  2. Other Last Names Used
  3. Employment Authorization Expiration Date
  4. Alien Registration/USCIS Number
  5. Form I-94 Admission Number
  6. Foreign Passport Number
  7. Country of Issuance
  8. E-mail Address
  9. Telephone Number

Section 2 - Most Important Changes:

  • USCIS has added a new “Citizenship/Immigration Status” field at the top of Section 2, where the employer is expected to write the number corresponding with the citizenship/immigration status selected by the employee in Section 1.

For example, if the employee attested to being a;

  1. A citizen of the United States, the employer must record the number 1 in this new field.
  2. A noncitizen national of the United States, the employer must record the number 2 in this new field.
  3. A lawful permanent resident, the employer must record the number 3 in this new field.
  4. An alien authorized to work until, the employer must record the number 4 in this new field.
  5. NOTE; the Electronic Form I-9 will auto populate the Citizenship/Immigration Status number, based on the Section 1 selection by the employee.
  • The Form I-9 instructions indicate that employers must enter “N/A” in Section 2 if a particular document presented does not contain a document number or expiration date (as applicable).
  • Section 2 has a new dedicated area to enter additional information that employers are currently required to notate in the margins of the paper form, such as;
  1. Employment authorization extensions for Temporary Protected Status (TPS) beneficiaries;
  2. F-1 OPT STEM students;
  3. CAP–GAP;
  4. H-1B and H-2A employees continuing employment with the same employer or changing employers;
  5. Other nonimmigrant categories that may receive extensions of stay, and;
  6. Additional document(s) that certain nonimmigrant employees may present.
  7. NOTE; the Electronic Form I-9 also has an “Add Notes” feature that allows employers to notate this additional information.
  • The Section 2 Last Name (Family Name) and First Name (Given Name) fields have been changed to Last Name (Family Name) of Employer or Authorized Representative and First Name (Given Name) of Employer or Authorized Representative respectively, to prevent any confusion regarding the name that should be entered.
Section 3 - Most Important Changes:
  • When completing Section 3 on a new Form I-9 page, the employer must also complete the Last Name, First Name and Middle Initial fields in the Employee Info from Section 1 area at the top of Section 2, leaving the Citizenship/Immigration Status field blank.
  • NOTE; the Electronic Form I-9 will auto populate the Last Name, First Name and Middle Initial fields from Section 1 and leave Citizenship/Immigration Status field blank.
  • If an employee who is being re-verified or rehired has also changed his or her name since originally completing Section 1, the employer is instructed to enter only the part of the name that has changed;
  • For example, if the employee changed only his or her last name, enter the new last name in the Last Name field, then enter N/A in the First Name and Middle Initial fields. If the employee has not changed his or her name, the employer should enter N/A in each field of Block A.
NOTE; the Electronic Form I-9 will auto populate N/A, when no data is recorded.