New Form I-9 Released

Author: Robert S. Teachout, XpertHR Legal Editor

February 5, 2020

The US Citizenship and Immigration Services (USCIS) released a new Form I-9 for employers to use starting January 31, 2020. Employers may begin using the new form with a revision date of 10/21/2019 now or continue to use the prior version of the Form I-9 (revision date 07/17/2017 N) until April 30, 2020. However, beginning May 1, 2020, employers must use the new form and all previous versions of Form I-9 will be invalid.

All employers are required to verify the identity and employment authorization of every individual (both US citizens and noncitizens) hired for employment in the United States. To do so, employers and employees are required to fill out a Form I-9 for all new employees hired and for employees who left employment and are rehired more than three years after their original hire date. In addition, employees must provide documentation to their employer verifying their identity and work authorization. Employers that knowingly hire or continue to employ an unauthorized individual can be subject to monetary and/or criminal penalties.

The revised form lists two additional countries in the Country of Issuance field when completing the electronic version of the form. Revisions to the form's instructions include:

  • Clarification on who can act as an authorized representative on behalf of an employer;
  • Clarifications on acceptable documents;
  • Updated process for requesting paper Forms I-9;
  • Updated DHS Privacy Notice; and
  • Updated USCIS website addresses.

The new Form I-9 and instructions are available on the USCIS website.