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Prior Version of Form I-9 to Become Obsolete April 30, 2020

Date: 20 February 2020
U.S. Labor, Employment and Workplace Safety Alert
By: Brian Graham, Rio J. Gonzalez
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.

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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