March 6, 2017 | Category: News

By now, most Nevada employers are fully aware of the new Form I-9 (rev 11/14/16), which must be used to document and verify the employment eligibility of all new hires as of January 22, 2017. There have been countless notices as I am sure you are very much aware. But, this flurry of I-9 activity has been for a good cause, as many employers brace themselves for the increasingly high likelihood that worksite audits and employer sanctions may soon be on the rise under the Trump administration.

While you might be experiencing I-9 saturation, the Nevada Association of Employers has been notified that there is yet another Form I-9 revision is in the works, scheduled to be released later this summer. Before you run screaming from the building, it’s worth noting that this particular revision is quite small, and should not have a significant impact on your hiring processes or overall procedures. Nevertheless, it will require Nevada employers to change their I-9 forms (yet again) and ensure proper communication is given to all of those HR and hiring managers who are responsible for I-9 verification.

Last month, the Office of Management and Budget (OMB) published a Notice of Action (NOA) which clears the way for another revision to the Form I-9. Here are important dates to know:

 

Release Date – USCIS is instructed to publish the updated Form I-9 no later than July 17, 2017.

Mandatory Date – USCIS is instructed to allow employers to use the previous version (Rev. 11/14/2016) N through September 17, 2017. After this time, all previous versions of the Form I-9 will be invalid.

 

This particular revision is driven (primarily) by a new DHS rule relating to certain foreign entrepreneurs who come to the US in order start or grow a business. Initially proposed by the Obama administration last year, the so-called “International Entrepreneur Rule” enables qualified startup founders to temporarily stay in the US through a discretionary immigration benefit known as “parole” (not to be confused with the criminal kind of parole).

In order to qualify under this new rule, entrepreneurs must show substantial and demonstrated potential for rapid business growth, job creation and significant public benefit to the US. If parole is granted, the entrepreneur will be authorized for employment in the US, but only as it relates to his or her involvement with the startup. And since the startup needs to complete I-9s for all of its employees, the USCIS needed to modify the I-9 to accommodate this new scenario.

This obviously gives employers plenty of time to prepare, and so at this point, Nevada employers should simply mark it on your calendar for future review and action. When the time comes, employers will then need to make sure you develop a plan for distributing the revised Form I-9; Nevada employers using electronic I-9 systems will also need to make sure their vendor is on top of the changes.

If you are a Nevada employer looking to stay up to date on any and all legal and regulatory changes that affect you, you may want to consider membership with the Nevada Association of Employers. For more information about how NAE can help you stay in front of these legal and regulatory changes, contact us at (775) 329-4241 or membership@nevadaemployers.org.