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Employers Must Begin Using New Form I-9 by January 22, 2017

Date: 6 January 2017
Labor, Employment and Workplace Safety Alert
By: Brian Graham, Karen E. Spain

Under federal law, all employers are required to verify the identity and work authorization of each employee they hire to work in the United States.  Employers must ensure proper completion and retention of Form I-9, Employment Eligibility Verification, for each new hire, and failure to do so may subject employers to fines and penalties.

U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9 in November 2016.  Following publication of the new version, employers could use either the new version, dated 11/14/2016, or the previous version, dated 03/08/2013.  However, beginning on January 22, 2017, employers must use the newest version of Form I-9, dated 11/14/2016.  All previous versions of Form I-9 completed for new hires after January 21, 2017, will be invalid.

Employers should act now and review their new-hire paperwork to ensure that they are using the new Form I-9, dated 11/14/2016.  Failure to use this new form after January 21, 2017, may result in fines and penalties.  The new form can be accessed on USCIS’s website at

This publication/newsletter is for informational purposes and does not contain or convey legal advice. The information herein should not be used or relied upon in regard to any particular facts or circumstances without first consulting a lawyer. Any views expressed herein are those of the author(s) and not necessarily those of the law firm's clients.

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