Employers Must Begin Using New Form I-9

Posted March 02, 2020

On Jan. 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9: Employment Eligibility Verification. The previous version of this form expired Aug. 31, 2019, but USCIS advised employers to continue using the expired form until a new form was made available.

Transition Period

With the new form, USCIS has also clarified that employers have the option of initially using either the expired or the new Form I-9. However, employers must begin using the new form exclusively by May 1, 2020.

What’s Different?

The paper version of the new form has not changed, but the electronic form shows a few minor changes. Specifically, the new form:

• Lists additional countries (Eswatini and Macedonia) in the country of issuance field;
• Clarifies who can act as an authorized employer representative;
• Updates the USCIS website address;
• Clarifies the list of acceptable documents;
• Updates the process for requesting paper versions of the form; and
• Updates the privacy notice from the Department of Homeland Security.

New Expiration Date

The new Form I-9 was approved by the Office of Management and Budget on Oct. 21, 2019 and has a new expiration date of Oct. 31, 2022.

Compliance Review

In review:

• All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens.
• Both employees and employers (or authorized representatives of the employer) must complete the form.
• The list of acceptable documents can be found on the last page of the form.
• Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.
• Only employers and employees in Puerto Rico can complete the Spanish version of Form I-9.

Employers may continue using the prior version of the form (Rev. 07/17/2017) until April 30, 2020.