New Form I-9 for all U.S. Employers

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As of 1/22/2017, employers are required to use the new version of Form I-9 to verify identity and employment eligibility of employees. See the new form (11/14/2016 N version) at https://www.uscis.gov/i-9. Form I-9 found at other sites may not be the correct version. All prior versions are obsolete.

Form I-9 is required for all new employees (hired after Nov. 6, 1986) or for the reverification of expiring employment authorization of current employees (if applicable). Under § 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, and as enforced by US Immigration and Customs Enforcement, employers who fail to properly complete and retain Form I-9 may be subject to penalties.

Please note that USCIS frequently releases new editions and version of its forms and the new version is not in response to a change in the law or rules in relation to the Form I-9 completion and retention. Furthermore, employers are not required to complete this new version of the form for employees who were hired prior to 1/22/2017 for whom there is already a properly completed Form I-9 on file. The new form is only required for new employees hired on or after 1/22/2017 or for the reverification of current employees if their employment authorization expires after 1/22/2017. The Form I-9 must be completed within three days of the date of hire.

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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