- U.S. Citizenship and Immigration Services (USCIS) is taking steps to implement the International Entrepreneur Rule (IER), which creates an avenue for entrepreneurs to enter the U.S. and start a business, in accordance with a recent court decision, it announced Dec. 14.
- The rule was promulgated by the Obama administration but delayed after Trump took office. Stakeholders sued and a federal district court vacated the government's delay.
- Because the IER creates a new document that proves eligibility to work in the U.S., USCIS likely will have to issue a new Form I-9 reflecting that change, David J. Garrett, counsel with Nexsen Pruet previously told HR Dive.
USCIS has updated its Form I-9 several times in recent months, and it appears that another could be on the horizon. This pace is unprecedented and likely is bringing confusion for employers, Garrett said earlier this year.
HR must ensure that any paper forms used are the latest version, available from USCIS. For now, that's the one with a footer date of "07/17/17." And for extra assurance that the most up-to-date version is always being used, HR may want to consider whether use of the online version is feasible.
Experts recommend a few other updates to your I-9 workflow, too. HR should make sure new hires complete Section 1 before performing any work and hire someone to review any remote hires' eligibility documentation in person, among other things. Compliance is more important than ever, now that Immigration and Customs Enforcement is promising to drastically increase site visits.