I-9 Deadline Approaches Quickly

The U.S. Citizenship and Immigration Services (USCIS) released the new Form I-9 and all employers are required to start using the new form starting January 22, 2017.

What is the I-9 process?

Within three days of hiring a new employee, the employer (and employee) must complete the Form I-9 by taking the following steps:

1. The employee completes (and signs) Section 1 of the form and returns the completed form to the employer along with documents establishing the employee’s identity and authorization to work in the United States.


2. The employer reviews the documents the employee provided and completes (and signs) Section 2 (and Section 3, if applicable) of the form.

The employer is required to keep the completed I-9 forms for all current employees for the duration of employment.  Employers are also required to keep the completed I-9 forms for all terminated employees for either one year after the employee’s termination or three years after hire (whichever is later).

What are the changes with the new Form I-9?

Some of the changes in the new Form I-9 include:

• Employers have the option to complete the form electronically


• Section 1 asks for “other last names used” rather than “other names used,”


• Certification is streamlined for certain foreign nationals.


• The form includes prompts to ensure information is entered correctly


• Multiple preparers and translators can be listed on the new form


• There is a dedicated area for including additional information rather than having to add it in the margins.


• There is a supplemental page for the preparer/translator.

What happens if an employer doesn’t start using the new Form I-9 by January 21st?

Failure to comply with the I-9 process (including using the wrong form and/or failing to fully complete the form) may result in administrative fines ranging from $110 to $1,100 per form, depending on the nature of the infraction and number of offenses over time.