Nathan A. Read, Devin R. Bates
For employers seeking to fulfill their obligation to complete and retain Form I-9s for each person on their payroll, the United States Citizen and Immigration Services (USCIS) has issued a new version of the Form I-9 which employers should begin using now. Although the prior version of the Form I-9 may still be used up until April 30, 2020, we recommend employers get in the practice of using the new form now.
How to tell which version of the form you’re using: The new version of the Form I-9 contains “Expires 10/31/2022” in the top right corner.
Where to get a new form: Directly from the USCIS website: https://www.uscis.gov/i-9.
When employers must complete an I-9 form: By the employee’s first day, they are required to have filled out Section 1 of the Form I-9 and have attested to the information’s veracity. Within three days of the employee’s start date, the employer is required to have examined and confirmed the authenticity of required I-9 documents.
Why it is important to comply: Failure to comply with the requirement to complete and retain Form I-9s can expose an employer to civil and even criminal penalties. While noncompliance commonly results in a civil violation being issued, certain documented patterns of disregarding I‑9 laws can culminate in criminal prosecution.
Bottom Line: Employers, start using the new I-9 form now.