New I-9 Form

February 20, 2020

United States Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, Employment Eligibility Verification. The form itself remains substantively the same; however, the difference lies in the instructions. Employers will note the following changes:

  • clarification of who can act as an authorized representative on behalf of an employer;
  • updates to USCIS web addresses;
  • clarification of what constitutes an “acceptable document”;
  • updates to the process for requesting the paper Form I-9;
  • updates to the DHS Privacy Notice.

Employers are advised to begin using the new Form I-9 immediately, but employers must begin using the new version by April 30, 2020. After this date, the prior version of Form I-9 will no longer be valid for use. Employers who fail to use the updated Form I-9 after April 30, 2020 may be subject to penalties.

Employers are not required to complete a new Form I-9 for employees who already have a properly completed Form I-9 on file. There, however, are exceptions to this general rule, such as when an employer rehires an employee three years after he or she completes the original Form I-9 or when an employer requires all rehired employees to complete a new Form I-9. Unnecessarily requiring employees to complete a new Form I-9 and provide identification documents may expose an employer to document abuse and/or discrimination claims.

Employers are required to maintain completed Form I-9s for all current employees until after their termination for either three years from the date of hire or for one year after their termination, whichever is later.

Employers may download the new Form I-9 from the USCIS website at

If you have any questions about completing the new Form I-9 or conducting an audit of your I-9 records, please contact the author or any other attorney at Eckert Seamans with whom you work.

This Labor & Employment Alert is intended to keep readers current on developments in the law, and is not intended to be legal advice. If you have any questions, please contact Kelly Robreno Koster at 914.286.2807.

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