As of September 18, 2017, employers must use a revised Form I-9 (rev. 7/17/17) to verify new employee work eligibility.  The revised document is available here:  www.uscis.gov/i-9. You will also find a copy attached, with the changes highlighted.

This most recent revision was released just six months after employers were required to begin using the 11/14/16 version of the form. We have no idea why USCIS initiated the change.  The good news is that the new form is very similar to the old form.  The bad news is that they both have the same expiration date, so you must pay close attention to the revision date in the bottom left corner to ensure you are using the correct Form I-9.  The new version  date is 07/17/17.

Can I keep using the old form?

No, beginning September 17, 2017, employers must use the new form for any new hires; however, current employees do not need to complete new forms.  Keep the forms you already have for current employees and use the new form for new hires.

What has changed?

The list of acceptable documents to establish employment authorization (“List C”) has been revised and reorganized. In addition, the Consular Report of Birth Abroad (Form FS-240) has been added to that list.  These changes have been highlighted in the attached I-9 form.

Additionally, there are minor revisions to the instructions although they should not affect employer practices. The Handbook for Employers was also revised.  You can obtain the latest version at:  https://www.uscis.gov/i-9-central/handbook-employers-m-274

How long do I keep the form?

The required retention period remains unchanged. Employers must keep the form for the later of three years after date of hire or one year after date of termination.

Feel free to give us a call if you have any questions about the Form I-9 or work eligibility verification.