November 14, 2016
Today, the United States Citizenship and Immigration Services (“USCIS”) published a revised Form I-9, Employment Eligibility Verification, which is often referred to simply as an I-9. Federal law prohibits employers from hiring an individual in the United States – including a U.S. citizen – without first verifying that individual’s identify and employment authorization, which is done by completing and retaining an I-9.
Effective January 22, 2017, employers must use the new version of the I-9 (i.e., form dated 11-14-16 N) for all hires. Until then, employers can either use the new version or the prior version (i.e., form dated 3-8-13 N). The new version of the I-9 contains mostly formatting changes designed for easier use, both electronically and in printed form. The new I-9 can be obtained by clicking on the attached link, https://www.uscis.gov/system/files_force/files/form/i-9.pdf, or by visiting USCIS’s website at https://www.uscis.gov/i-9.
Be aware that an employer that completes and retains an I-9 but fails to use the proper version is still subject to a civil fine of $216 for each outdated form used. Penalties escalate for repeated and fraudulent offenders.
If you have any questions or concerns about the new I-9 form or how to complete it, please contact one of RCO Law’s employment attorneys.