On Friday, January 31, 2020, U.S. Citizenship and Immigration Services (USCIS) introduced a new version of Form I-9, Employment Eligibility Verification, for all new hires. The new form is available here and on the electronic E-Verify program and most other electronic Form I-9 software programs.

The new form is available for use immediately and reflects a version date of (Rev. 10/21/2019). However, the prior version of Form I-9 with a version date of (Rev. 07/17/2017 N) will continue to be accepted until April 30, 2020. However, we advise all employers to begin using the new form version immediately.

There are some minor changes to options in sections 1 and 2 of the new form, however these changes are only visible on the online form. USCIS also updated some minor details in the form instructions.

As a reminder, employers do not need to complete the new form version for current employees with a properly completed form already on file, but should use the new form for any I-9 requiring re-verification. Employers who do not use the new Form I-9 may be subject to fines in the event of an audit.

H-1B Registration: Key Dates Released By USCIS

As many of you are aware, USCIS has implemented an H-1B company registration process for fiscal year 2021, with a start date of October 1, 2020. Part of this new process includes the company creating a myUSCIS account in order to register on March 1, 2020.

Please note that selected petitioners will be notified between the dates of March 20, 2020 and March 31, 2020. H-1B petitions, if selected, may then be filed with USCIS starting on April 1, 2020.

Our office will be scheduling appointments with HR Managers/Generalists in order to walk each company through the entire new procedure step by step. You will be hearing from one of our attorneys shortly to schedule an appointment. Additionally, we will continue to update you as more information about this new process is made available.

Public Charge Rule Implementation

The implementation of the Public Charge Rule goes into effect February 24, 2020. This rule, significantly broadens USCIS and State Department’s authority to determine whether individuals will become a public charge. This Final Rule prescribes how DHS would determine whether an alien is inadmissible to the United States based on the alien’s likelihood of becoming a public charge at any time in the future, as set forth in the INA. The Final Rule also addresses USCIS’ authority to issue public charge bonds in the context of applications for adjustment of status. Moreover, the Final Rule includes a requirement that aliens seeking an extension of stay or change of status demonstrate that they have not received public benefits over the designated threshold since obtaining the non-immigrant status they seek to extend or change. We are waiting on CIS to release new forms.

Specifically, non-immigrant applicants will be required to disclose whether they have received or are certified to receive certain public benefits on or after February 24, 2020. It is important to remember that in order for the new rule to negatively affect the application, the individual must have received the benefits for more than 12 months within a 36-month period since obtaining their non-immigrant status. Therefore, it will be important for all HR Managers and Generalists to reach out to our office in order to determine if any potential employees could be classified as a “public charge”.

Additionally, individuals seeking permanent residence through the adjustment of status process will be subject to increased financial information and documentation requirements, and more scrutiny of their personal circumstances. Our office will be working closely with company representatives and individuals applying for visas to determine eligibility under this new rule.

If you have any questions regarding either the new form I-9, H-1B registration process, or the Public Charge rule please contact our office at 313-965-2909.

Any information included here or through our web site is presented solely for general informational purposes and is not in any way intended as legal advice, is not a substitute for getting actual legal advice from an attorney, and should not be acted upon as legal advice without first seeking qualified professional counsel specific to your needs and situation. Additionally, by providing this general information and the information on our web site, no attorney client relationship is created.

New I-9 Form, H-1B Registration, & Public Charge Rule Implementation

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