Labor & Employment Law Update

On January 31, 2020, the United States Citizen and Immigration Services (USCIS) announced the release of a new version of the Form I-9, version 10/21/2019. This new version contains only minor changes to the Form I-9 itself and  to the Form I-9 instructions.  

The one key thing employers must be aware of is that the issuance of the new version of the Form I-9 impacts what version an employer may use going forward. According to the USCIS press release, until April 30, 2020, employers can use either: (1) the new Form I-9, version 10/21/2019 or (2) Form I-9 with a revision date of 07/17/2017 N. On May 1, 2020 employers must use version 10/21/2019 and no other versions of the form will be acceptable for newly completed Form I-9’s as of that date. 

The issuance of a new form I-9 DOES NOT mean that employers must redo previously completed Form I-9’s. As stated, this new version will be used on a going-forward-basis no later than May 1, 2020.

The new Form I-9 and related materials can be found here:

• New Form I-9 (10/21/2019 version)

• New Form I-9 Instructions (10/21/2019)

• New Spanish Form I-9 (10/21/2019 Spanish Version available for use only with employees in Puerto Rico)

• New Spanish Form I-9 Instructions (10/21/2019)

• A copy of the most recent Handbook for Employers (M-274) (updated 1/11/18)

Employers should ensure that those responsible at their company for completing the Form I-9 have a copy of the correct version of the form to use with new employees.