New Form I-9

The USCIS has published a new version of Form I-9

The New Form Will Expire on Oct. 31, 2022

On Jan. 31, 2020, the U.S. Citizenship and Immigration Services (USCIS) published a new version of Form I-9: Employment Eligibility Verification. The previous version of this form expired Aug. 31, 2019, but USCIS advised employers to continue using the expired form until a new form was made available.

With the new form, USCIS has also clarified that employers have the option of initially using either the expired or the new Form I-9. However, employers must begin using the new form exclusively by May 1, 2020.

The paper version of the new form has not changed, but the electronic form shows a few minor changes.

Specifically, the new form:

• Lists additional countries (Eswatini and Macedonia) in the country of issuance field;

• Clarifies who can act as an authorized employer representative;

• Updates the USCIS website address;

• Clarifies the list of acceptable documents;

• Updates the process for requesting paper versions of the form; and

• Updates the privacy notice from the Department of Homeland Security.

The new Form I-9 was approved by the Office of Management and Budget on Oct. 21, 2019 and has a new expiration date of Oct. 31, 2022.

How to complete Form I-9. The USCIS has videos on their website on the proper completion of Form I-9 available here with an employer handbook available here.

What is Form I-9? Use Form I-9 to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must properly complete Form I-9 for each individual they hire for employment in the United States. This includes citizens and non-citizens. Both employees and employers (or authorized representatives of the employer) must complete the form.

On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers.

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