The United States Citizenship and Immigration Services has officially rolled out a new version of Form I-9 Employment Eligibility Verification. The new form (edition 10/21/2019) replaces the prior version (edition 07/17/2017).

Here’s what employers need to know:

  • The new form becomes mandatory as of April 30, 2020. Until then, employers are free to use either the new form or the prior version dated 7/17/2017.
  • Employers will not need to complete a new Form I-9 for employees who have a properly completed form on file.
  • Outdated forms may subject an employer to penalties in the event of a government audit.
  • The new version in both English and Spanish, and all previous versions, can be found at USCIS.
  • Changes to the new form are not substantive, but two changes to the instructions may matter to employers:
    • A company can designate any person including a third-party or remote employee to complete the form, though the company remains responsible.
    • If an employee provides a List B and List C document, the employer should not also enter document information in List A, as doing so may be considered “discriminatory” over-documentation.

Best practice is to audit the employer’s I-9 forms at least annually as the record keeping requirements are complex. Employers facing a government investigation should seek experienced employment attorneys to assist them. Our offices will assist with questions regarding I-9 compliance, record keeping, and E-Verify protocols, as well as providing training and/or audit assistance.

About the Author: Alejandro Pérez is a partner at Jaburg Wilk. Fully bilingual, Alejandro assists employers of all sizes with labor and employment law issues. In addition to representing clients in litigation, Alejandro provides advice and counsel on HR decisions; conducts sensitive workplace investigations; drafts and reviews employment policies, handbooks, and agreements; and trains workforces on a variety of aspects of employment law.

This blog is provided for educational and informational purposes only.  To speak with an attorney, please contact our office at 602.248.1000 or email info@jaburgwilk.com