Revised Version of the Form I-9 Became Mandatory on January 22, 2017

Akerman LLP - HR Defense

As of January 22, 2017, U.S. employers should be using the new Form I-9 for Employment Eligibility Verification, available here.

Federal immigration law requires that U.S. employers use the Form I-9 to verify the identity and employment authorization of new employees and to re-verify continuing employment authorization of existing workers who hold temporary employment authorization only. All U.S. employers must properly complete a Form I-9 for each individual hired in the U.S. after November 6, 1986, regardless of the individual’s citizenship.

Here are some of the changes made to the Form I-9:

  • Section 1 now asks for “other last names used” instead of “other names used”
  • Prompts have been added, such as drop-down lists and calendars for filling in dates, to ensure that required information is entered correctly
  • The form can indicate multiple preparers and translators
  • Rather than including additional information in the margins, there is now an area on the form to include such information
  • There is a separate page for the preparer/translator

Employers should retain and store the completed Form I-9 for three years after the date of hire or for one year after employment is terminated, whichever is later. Additionally, the Form I-9 should be available for inspection by the Department of Homeland Security, Department of Labor, or Department of Justice.

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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