February 6, 2023

Volume XIII, Number 37

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February 03, 2023

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

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 https://www.uscis.gov/i-9.

Copyright 2023 K & L GatesNational Law Review, Volume VII, Number 6

About this Author

Brian Graham, KL Gates Law Firm, Labor and Employment Attorney

Brian Graham is a partner in the firm’s Austin office where he concentrates his practice in corporate and investment-based immigration law and is a member of the labor, employment and workplace safety practice group. He is internationally recognized for his expertise in obtaining visas, permanent residency, and citizenship for athletes, entertainers, executives, healthcare professionals, investors, religious workers, information technology workers, professors, and researchers. Mr. Graham regularly advises corporations on immigration compliance issues and developing long-...

Karen Spain, KL Gates Law Firm, Labor and Employment Attorney

Karen Spain is a litigation associate in the Charleston office and is a member of the labor, employment, and workplace safety practice group. She advises employers on a wide range of labor and employment issues, including complex employment disputes, trade secret and confidential information protection, restrictive covenants, employment agreements, employee handbooks, reductions in force, and sensitive terminations and severance arrangements. Ms. Spain also assists employers in preparing and filing non-immigrant visas, and she has experience counseling immigrant...