On January 31, 2020, United States Citizenship & Immigration Services ("USCIS") introduced a new version of Form I-9, Employment Eligibility Verification ("Form I-9"), for all new hires. Employers should begin using the new version of Form I-9 (Rev. 10/21/2019) immediately, and no later than April 30, 2020. The prior version of Form I-9 (Rev. 07/17/2017) will become obsolete on April 30, 2020. The new version of Form I-9 is available on the USCIS I-9 page and on most electronic I-9 software programs.
Importantly, employers do not need to complete the new Form I-9 for existing employees unless reverification is required. As a reminder, employers must maintain a Form I-9 for each employee as long as an employee works for the employer and for the required retention period after the termination of an employee’s employment (either three years after the date of hire or one year after the date employment has ended, whichever is later.) Employers who fail to use the new version after April 30, 2020 may be subject to penalties as enforced by U.S. Immigration and Customs Enforcement. A Spanish-language version of the new Form I-9 is available on the USCIS I-9 page for employers in Puerto Rico only.