All wrapped up in a pretty little bow, just in time for the holidays and holiday hiring!  U.S. Citizenship and Immigration Services (“USCIS”) has finally issued the revised Employment Eligibility Verification form (“Form I-9”).  Remember, all employers must complete a new Form I-9 for each new hire within three business days of hire.

Here’s what you need to know about the revised form:

  • Employers must begin using the revised form exclusively by January 22, 2017.  Until then, employers may use the current version Form I-9 dated 03/08/2013 N. or begin using the new Form I-9 dated 11/14/2016 N.  You will note in the top right hand corner that the revised Form I-9 has an expiration date of 08/31/2019.
  • USCIS recently indicated on a stakeholder teleconference that they will be updating the M-274, Employer Handbook.  Look for that in the new year.
  • Substantively the Form I-9 remains the same as the prior version, although there are some exceptions.  Namely, there is a new Preparer and/or Translator Certification box in section 1.  There is also an “Additional Information” box in section 2 to add information such as employment authorization extensions for individuals eligible for Temporary Protected Status, information related to F-1 OPT STEM students, and CAP-GAP employees (for more on this box see page 11 of the Form I-9 Instructions).  To learn more about the new Form I-9, check out USCIS’s news release by clicking here

Final comment — it should be noted that stakeholders are having difficulty downloading the revised Form I-9 from the website, and for more on that click here.