LawFlash

USCIS Releases New Form I-9

February 03, 2020

Employers must use new version after April 30, 2020.

The US Citizenship and Immigration Services (USCIS) has released a new version of Form I-9, Employment Eligibility Verification. Employers must use Form I-9 to verify the identity and employment authorization of each individual they hire for employment in the United States. The new version of Form I-9, version date (Rev. 10/21/2019), is now available for employers to use. The previous version of Form I-9, (Rev. 07/17/2017 N), will remain valid until then. After April 30, 2020, employers must use the new version of Form I-9.

What Is New

  • USCIS added Eswatini and North Macedonia to the Country of Issuance field in Section 1 and the foreign passport issuing authority field in Section 2 per those countries’ recent name changes. These changes are only visible when completing the form online.
  • USCIS updated the form instructions, most notably the following:
    • Clarified who can act as an authorized representative on behalf of an employer – see instructions for Form I-9, page 6.
    • Provided acceptable document clarifications – see instructions for Form I-9, pages 6-11.

Next Steps

  • We recommend that all employers immediately begin using Form I-9 version date (Rev. 10/21/2019). Employers who fail to use the new version of the form after April 30, 2020, may be subject to all applicable penalties, including civil and criminal fines.
  • Employers do not need to complete the new version of Form I–9 for current employees who already have a properly completed Form I–9 on file, unless reverification applies. Unnecessary verification may violate the antidiscrimination provisions of immigration law.

How We Can Help

Morgan Lewis provides comprehensive immigration compliance counseling to employers. This includes Form I-9 and E-Verify, policy creation and revision, training, and representation of employers before US government agencies in connection with immigration-related investigations and charges.

Contacts

If you have any questions or would like more information on the issues discussed in this alert, please contact any of the following Morgan Lewis lawyers:

Washington, DC
Shannon A. Donnelly
Eleanor Pelta
Eric S. Bord

Miami
Laura C. Garvin

San Francisco
A. James Vázquez-Azpiri
Christina M. Gonzaga