Starting today, Sept. 18, employers are required to use the revised Form I-9, dated July 17, for any new employee hires. Employers do not have to complete the new Form I-9s for current employees. The new form includes minor revisions, such as adding an acceptable List C document and renumbering List C documents.
The new form is attached here. Additional information can be found at the U.S. Citizenship and Immigration Services website.
It is important that employers understand and handle Form I-9s with particular care. See updated instructions to use as a resource when handling Form I-9s, here.
Deferred Action for Childhood Arrivals (DACA)
On Sept. 5, the Trump administration announced its plan to end DACA as of March 5, 2018. DACA participants with documents expiring between now and March 5 were granted a limited amount of time to file for a two-year renewal of their protections and work privileges.
Employment Authorization Document (EAD) renewals from this group will only be considered if received prior to Oct. 5. So, if you happen to know you have an employee who has participated in DACA, you can make them aware of this deadline and the importance of acting quickly to maintain their legal work status. (Please note, it is unlawful for employers to inquire if an employee is a DACA participant or what his or her immigration status is, so you should only reach out to an employee on this if he or she self-identified as a DACA participant.)
DACA participants whose permits expire after March 5 will not be able to renew, but their existing protections will remain in effect until their previously established expiration dates. As part of the standard I-9 process, farmers will know when an employee’s EAD expires and a new one will need to be provided. It is unlawful to continue to employ someone who lacks a current EAD.
Despite announcing the decision to end the DACA program, President Trump has urged Congress to find a legislative solution for DACA participants. There have encouraging comments made from members of Congress on both sides of the aisle. President Trump has been working with congressional leadership to move those efforts forward. However, there is no guarantee that these efforts will succeed. We will keep you up to date as things move forward.
Please feel free to contact us with any questions.