The United States Citizenship and Immigration Services has officially rolled out a new version of Form I-9 Employment Eligibility Verification. The new form (edition 10/21/2019) replaces the prior version (edition 07/17/2017).

Here’s what employers need to know:

• The new form becomes mandatory as of April 30, 2020. Until then, employers are free to use either the new form or the prior version,dated 7/17/2017.
• Employers will not need to complete a new Form I-9 for employees who have a properly completed form on file.
• Outdated forms may subject an employer to penalties in the event of a government audit.
• The new version in both English and Spanish, and all previous versions, can be found at USCIS.
• Changes to the new form are not substantive, but two changes to the instructions may matter to employers:
  • A company can designate any person including a third-party or remote employee to complete the form, though the company remains responsible.
  • If an employee provides a List B and List C document, the employer should not also enter document information in List A, as doing so may be considered “discriminatory” over-documentation. 

Best practice is to audit the employer’s I-9 forms at least annually as the recordkeeping requirements are complex. Employers facing a government investigation should seek experienced employment attorneys to assist them.