It’s here! The New Form I-9

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All wrapped up in a pretty little bow, just in time for the holidays and holiday hiring!  U.S. Citizenship and Immigration Services (“USCIS”) has finally issued the revised Employment Eligibility Verification form (“Form I-9”).  Remember, all employers must complete a new Form I-9 for each new hire within three business days of hire.

Here’s what you need to know about the revised form:

  • Employers must begin using the revised form exclusively by January 22, 2017.  Until then, employers may use the current version Form I-9 dated 03/08/2013 N. or begin using the new Form I-9 dated 11/14/2016 N.  You will note in the top right hand corner that the revised Form I-9 has an expiration date of 08/31/2019.
  • USCIS recently indicated on a stakeholder teleconference that they will be updating the M-274, Employer Handbook.  Look for that in the new year.
  • Substantively the Form I-9 remains the same as the prior version, although there are some exceptions.  Namely, there is a new Preparer and/or Translator Certification box in section 1.  There is also an “Additional Information” box in section 2 to add information such as employment authorization extensions for individuals eligible for Temporary Protected Status, information related to F-1 OPT STEM students, and CAP-GAP employees (for more on this box see page 11 of the Form I-9 Instructions).  To learn more about the new Form I-9, check out USCIS’s news release by clicking here

Final comment — it should be noted that stakeholders are having difficulty downloading the revised Form I-9 from the website, and for more on that click here.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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