Labor & Employment Law Blog

On November 14, 2016, the U.S. CIS published its new I-9 form.  Employers may immediately begin using the new form for new hire and reverifications, and must stop using the old form (version “03/08/13” in the lower left corner) by January 21, 2017. Employers must complete Form I-9 to document verification of the identity and employment authorization of each new employee (both citizen and noncitizen) hired after November 6, 1986, to work in the United States.  Employers are not required to complete new forms for existing employees or prepare new forms to replace existing forms.

There are very few significant revisions to the new I-9.  The revisions mostly concerned adapting the format so the form may be partially completed online or electronically.  However, although most of the form may be completed electronically, the form must still be printed out and signed and dated by the employee, employer, and translator or preparer (if applicable).

The instructions for the I-9 balloon from 6 pages to 15 pages, with extensive discussion of the documents listed in List A, List B, and List C.  Notably, no new documents have been added to these lists.

Other significant revisions include:

• Section 1 asks for “other last names used” rather than “other names used.”
• An area designated for including additional information.  The instructions suggest this area may be used for:

  • Employment authorization extensions for Temporary Protected Status beneficiaries, F-l OPT STEM students, CAP- GAP, H-1B and H-2A employees continuing employment with the same employer or changing employers, and other nonimmigrant categories that may receive extensions of stay
  • Additional document(s) that certain nonimmigrant employees may present
  • Discrepancies that E-Verify employers must notate when participating in the IMAGE program
  • Employee termination dates and form retention dates
  • E-Verify case number, which may also be entered in the margin or attached as a separate sheet per E-Verify requirements and your chosen business process
  • Any other comments or notations necessary for the employer's business process

More information regarding the I-9 is available at the USCIS website:

If you have any questions regarding the I-9, E-Verify, or new hire processing, please contact the author or your usual employment law counsel.