Revised Form I-9 Effective January 21, 2017

Written by Robert G. Brody and Lindsay Rinehart on March 28, 2017

A revised Form I-9 was recently published by the Office of Management and Budget.  As of January 22, 2017, employers are required to switch over to the revised Form I-9 for all newly hired employees. The revised version of the form can be downloaded at https://www.uscis.gov/i-9.

The form must be used by both public and private employers to document verification of the identity and employment authorization of each new employee hired after November 6, 1986. This includes noncitizen employees. Employers are not required to complete new forms for existing employees or prepare new forms to replace previously completed forms.

The revised Form I-9 may be partially completed electronically, although it must still be printed and signed in hard copy. When completing the Form I-9 online, required fields with missing or incorrectly formatted information will be now be flagged for completion. The electronic form offers drop-down menus and a blank area where additional relevant information may be added. The instructions that accompany the form make several suggestions as to what should be included in the blank space. Date fields on the revised Form I-9 now require “Today’s date” eliminating the ability to backdate the document – assuming this was ever allowed.

All other employer requirements to timely complete, store and retain the Forms I-9 remain unchanged. Remember, the old Form I-9 with the revision date of Mar. 8, 2013, will no longer be accepted for new hires after Jan. 21, 2017. Do not get caught using an outdated version of Form I-9. Any Form I-9 paperwork errors – including the failure to use the new forms – can result in penalties. Whether the form is completed online or by paper, employers must still follow the prior standards for signing, storing and retaining Forms I-9.

More information on the Form I-9 can be found on the USCIS website at www.uscis.gov.

Brody and Associates regularly provides counsel on ensuring compliance with the I-9 regulations, as well as on all employee-related matters.  If we can be of assistance in this area, please contact us at info@brodyandassociates.com or 203.454.0560.

 

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About the Authors

Robert G. Brody is the founding member of Brody and Associates, LLC. He has been quoted and published in national publications and appears as a guest T.V. commentator on contemporary Labor and Employment issues. Learn More