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New Form I-9 is Now in Effect- What HR and Employers Need to Know
By Elizabeth M. Garcia on February 1, 2017

Effective January 22, 2017, employers must use the updated version of Form I-9, dated 11/14/2016 N, Employment Eligibility Verification published by the U.S. Citizenship and Immigration Services (USCIS).

The revised Form I-9 is mandatory, and employers who continue to use the version dated 3/8/2013 N, are subject to all applicable penalties under section 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).  Form I-9 must be completed and maintained by all employers for all employees hired in the United States after November 6, 1986.

The new version of the Form I-9 contains a number of new features, including:

  • Addition of prompts, and electronic drop down lists and calendars, to ensure information is entered correctly;
  • Revised instructions;
  • Clarification of “other last names used” rather than “other names used, and the numbering of immigration status categories for Section 1”;
  • Details and ability to select multiple prepares and translators;
  • Inclusion of a dedicated area for additional information rather entering notes in the margins, including the auto-extension of and individual’s work status, if necessary.

We caution employers who utilize electronic I-9 vendors to confirm with the vendor that their I-9 form is appropriately updated.  We also suggested that employers review and update their employee handbooks/manuals to comply with the change.  Of course, all employers should review and updated their handbooks/manuals on a yearly basis to comply with legal and business related changes.

 The new Form I-9 can be accessed on the USCIS website: http://www.uscis.gov/I-9.

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