USCIS Issues Updated Form I-9

On November 14, 2016, the United States Citizenship and Immigration Services (USCIS) issued a revised version of the Form I-9 (Employment Eligibility Verification).

Employers must begin using the updated Form I-9, which is dated “11/14/2016,” by January 22, 2017.  In the interim, employers may continue to use either the prior version dated “03/08/2013” or the newly released version.

The updated Form I-9 features a number of changes, including but not limited to:

  • Adding online prompts in each of the various fields to assist with completion of the Form;
  • Asking for “other last names used” in Section 1 instead of “other names used;”
  • A streamlined certification for certain foreign nationals; and
  • A new area in Section 2 for including “additional information” so employers do not have to cram such information in the margins.

Although the Form I-9 has been significantly updated to be more intuitive and user friendly, particularly when completed electronically through Adobe Reader, it bears noting that the Form I-9 must still be printed, signed and dated by both the employee and the employer representative in a timely manner and retained by the employer. 

In revising the Form I-9, USCIS also did away with the various instructions, which had previously been included in the form. The instructions are now maintained separately from the Form I-9 (like other USCIS forms). Although separate from the Form I-9, employers must ensure that all pages of the instructions and Lists of Acceptable Documents are available to all employees who complete the form, either in hard copy or electronically.

You can access the updated Form I-9 here. The Instructions for the Form I-9 may be accessed here.

If you have any questions about the updated Form I-9, please feel free to contact a member of our Labor, Employment, and Employee Benefits Group.

About Corey Higgins

Corey is an member of the firm's Labor, Employment and Employee Benefits Group. He represents both private- and public-sector employers. His practice covers all areas of labor and employment law, including unfair labor practices, labor arbitration, employment discrimination, non-competition and non-disclosure agreements, unemployment appeals and various other employment-related issues. Corey also routinely counsels employers about the application of various Massachusetts and federal employment laws, including the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA), the Worker Adjustment and Retraining Notification Act (WARN), the Massachusetts Plant Closing Law, the Massachusetts Independent Contractor law, and other Massachusetts wage and hour laws.
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