USCIS Publishes New Form I-9, Effective January 22, 2017

U.S. Citizenship and Immigration Services (USCIS) has published a revised version of Form I-9, Employment Eligibility Verification. Between now and January 21, 2017, employers may choose to use either the current version (dated 03/08/2013) or the new version (dated 11/14/2016). Beginning January 22, 2017, employers must use the new version for all new hires and for reverifications.

Employers must complete a Form I-9 within three (3) days of hire to verify the identity and work authorization of all newly-hired employees, and to re-verify the work authorization of employees whose present work authorization will expire. Employers must use the version of Form I-9 that is current at the time of hire or reverification. Using an expired or invalid version of the form can result in penalties for noncompliance.

The new Form I-9 has several changes, including:

• Section 1 requests “other last names used” rather than “other names used,” and streamlines certification for certain foreign nationals.
• Electronic prompts to ensure information is entered correctly.
• The ability to enter multiple preparers and translators on a supplemental page.
• A dedicated area for including additional information rather than using the margins.

In addition, USCIS has separated the instructions from the form itself, consistent with other recent form revisions. The new separate instructions are more thorough and include specific guidance for completing each field.

The revised Form I-9 is also easier to complete on a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, one-click access to the full instructions, and an option to clear the form and start over.

As always, please contact us with any questions.