New I-9 Form in an Environment of Increased Audits and Increased Fines

Foley Hoag LLP
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USCIS has released a new version of the Form I-9, which all employers must use beginning January 22, 2017. Employers should read the new Form I-9 instructions in full and also review the content of the new I-9 version carefully. Employers should also note that for the time being, until a new version is available (anticipated release is early 2017), the M-274 Handbook for Employers is outdated in many respects relating to the new form. If you have specifics questions, contact our office or review the Form I-9 instructions.

Here are a few things to understand about the new form:

..All employers must use the newest Form I-9 version to verify the employment eligibility of new hires beginning no later than 1/22/17. Until then, employers can use either the new version (edition date 11/14/16) or the last version that’s been in effect since 2013 (the 03/08/13 edition).

..USCIS elected to “upgrade” its newest version of the Form I-9 to a fillable and interactive PDF-“Smart” form, in which users could fill in the fields of the forms on their computers before printing and signing a hard copy. When a user opens the “Smart” I-9 in Adobe Reader, the fillable PDF form limits options for further responses based on information previously provided, flags errors and fields where information is missing, provides a link to the form instructions, and includes additional instructions for specific fields that’s available by hovering over a “?” icon that appears above a field within the PDF.

Please see full publication below for more information.

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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. Attorney Advertising.

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