New York Employment Law Blog

Monday, January 23, 2017

Employers Must Use New I-9 Form

Starting on January 22, 2017, employers must start using the new Form I-9.  This replaces the version of the I-9 Form dated 03/08/13. If employers continue to use the old form, penalties may be assessed.  The new I-9 Form is located on the U.S. Citizenship and Immigration Service website at https://www.uscis.gov/sites/default/files/files/form/i-9.pdf.

With the new form, please note the following:

  • While the new I-9 is intended to be completed as a fillable PDF to reduce errors, it should not be confused with an electronic I-9.  An employer must still print the completed I-9, obtain the appropriate signatures (which are not fillable via PDF), monitor re-verifications, and retain the form for the proper retention period.  Employers and employees may choose to complete any or all of the form by typing into the fillable PDF or using a pen to fill out sections after the document has been printed.  Documents that are partly printed and partly handwritten are acceptable.  If using an electronic version of the I-9, employers must still comply with the U.S. Citizenship and Immigration Services’ criteria to be certain of the integrity of the electronic system.
  • Employers should not re-verify current employees with the new form.  Instead, the new form should be used only for newly hired employees and re-verification of a temporary work authorization.  
  • All previous forms must still be retained for the proper retention period.  Form I-9s must be retained for as long as the employee works for the employer, plus three years after their hire date or one year after their termination date, whichever is later.

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