Seyfarth Synopsis: USCIS releases new Form I-9, which employers must begin using no later than January 22, 2017.

On November 14, 2016, U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9, Employment Eligibility Verification. All employers must complete a Form I-9 for each employee hired in the United States.

Employers should immediately begin using the revised Form I-9 for all new hires and reverifications. However, employers may continue to use the previously accepted version, dated 03/08/2013 N, until January 21, 2017. After January 21, 2017, employers must only use the just released Form I-9, dated 11/14/2016 N. It is important to note that, after January 21, 2017, employers must use the revised Form I-9 for new hires and to reverify the employment authorization of current employees. If a current employee requires reverification after January 21, 2017, employers must complete Section 3 of the new form and attach it to the employee’s existing Form I-9.

The revised Form I-9 includes a number of changes, such as:

  • Section 1 now asks for “other last names used” rather than “other names used”;
  • New prompts to ensure information is entered correctly;
  • Ability to enter multiple preparers and translators; and,
  • Dedicated area for including additional information rather than adding it in the margins.

In addition, consistent with other USCIS forms, the instructions have been separated from the form itself and now include specific instructions for completing each field.

The revised Form I-9 is also easier to complete on a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, easy access to the full instructions, and an option to clear the form and start over.

The revised Form I-9 is available here. The revised forms are also available in Spanish here. Please note, however, that the Spanish language version of the form may only be used in Puerto Rico.