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January 2017

Employers Must Begin Using Revised Form I-9 as of January 22, 2017

U.S. Citizenship and Immigration Services (“USCIS”) has released a revised version of Form I-9, Employment Eligibility Verification, which employers must use to verify the identity and employment authorization of individuals they hire in the United States. As of January 22, 2017, employers must use the revised version, which is dated November 14, 2016 and is available at https://www.uscis.gov/i-9. Until January 22, 2017, employers may use the previous version or the new version of the form.

The new form has enhanced electronic features and is intended to help avoid technical errors, which can subject employers to fines. For example, the form will prompt preparers to enter the correct number of digits for Social Security numbers and telephone numbers. The form also contains drop-down lists and calendars, space for including additional information that previously needed to be added to the margins, buttons that allow preparers to clear and print the form, and instructions that are embedded in each field. The complete instructions for preparing the Form I-9 have been separated from the actual form and are contained in a separate document.

Although data can be entered electronically into the Form I-9, employers must still print the forms, obtain handwritten signatures, and store hard copies of the forms.

If you would like to discuss best practices for completing and maintaining your company’s Form I-9s, please contact your CSG attorney or the authors listed below.

Catherine P. Wells | Chair, Employment Law Group | cwells@csglaw.com | (973) 530-2051

Ilana Levin | Associate | ilevin@csglaw.com | (973) 530-2106