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News & Alerts

USCIS Releases New Form I-9 For Immediate Use By U.S. Employers

January 2017
Naureen Amjad

The U.S. Citizenship and Immigration Services (USCIS) released a new Form I-9 that all U.S. employers must begin using as of January 21, 2017. The new Form I-9 will remain in effect until August 31, 2019.  U.S. Immigration and Customs Enforcement (ICE) requires all employers to cease using the prior version of Form I-9 immediately.  The new Form I-9 is considered a smart form.  Changes to the Form I-9 specifically aim to help employers reduce technical errors for which they may be fined.  Please see the following links relating to the new Form I-9.

Form I-9 is used by USCIS for verifying the identity and employment authorization of individuals hired for employment in the United States after November 6, 1986. The Form I-9 is also used for re-hires and re-verification.  All U.S. employers must ensure proper completion of the new Form I-9 for each worker they hire for employment in the United States on or after January 21, 2017, including citizens and noncitizens.  The Form I-9 must be completed by both the employer and the employee.  On the form, an employee must attest to his or her employment authorization, in addition to presenting his or her employer with acceptable documents verifying identity and employment authorization.  The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee.  The employer also must record the document information on the Form I-9.  The list of acceptable documents to verify identity and employment authorization can be found on the last page of the form.  Employers must retain a completed Form I-9 for either three years after the employee's date of hire, or one year after the date employment ends, whichever is later.  Employers must also make Form I-9s available for inspection by authorized government officers upon request.

For more information, please contact Naureen Amjad, a Partner in Pedersen & Houpt’s Employment Practice Group, at 312.261.2273 or at