In a news release dated April 28th, 2020, the U.S. Citizenship and Immigration Services Department (USCIS) announced that an updated version of the M-274, Handbook for Employers: Guidance for Completing Form I-9 is has been published. The M-274 provides employers with detailed guidance for completing Form I-9, Employment Eligibility Verification.

Summary of M-274 Changes

 The following are some of the significant changes included within the M-274 Handbook:

  • Updates Based the Form I-9 Revision (10/21/2019) – These include clarifications of acceptable authorization documents included in List B and List C, and further clarification into who can serve as an employee’s authorized representative.
  • Major Guidance Changes – Clarifies how employers should enter documentation expiration date changes and revises cap-gap extension documentation requirements.
  • New Content – Includes new rules on how to complete a Form I-9 with automatically extended Employment Authorization Document Cards; verifying employment authorizations for Native American employees born in Canada; and new guidance specifically created for state employment agencies.
  • Other Clarifications – An explanation into the purpose of the Preparer/Translator Supplement; determining “Alien authorized to work until” document expiration dates; and a review of prohibited Form I-9 practices.

The updates to the M-274 coincides with the effective date of the recently revised Form I-9. Beginning May 1st, 2020, employers are required to use the latest edition of the Form I-9 to verify employment eligibility for newly hired individuals. The new form has a date of 10/21/19 in the lower left corner, and an expiration date of 10/31/2022 in the upper right corner.

Until April 30th, employers could use the previous version of the Form I-9 without penalty. Going forward, however, any employer who uses the outdated form can be subject to investigations and fines.