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Employment Based Immigration: New I-9 Form

Employers must begin using a new I-9 Form no later than September 18, 2017. The U.S. Citizenship and Immigrations Services has changed the list of documents which new employees may use to complete the form. The newly revised form displays a revision date of 07/17/17 N. Until September 17, 2017 employers may continue to use the version of the I-9 Form with a revision date of 11/14/16 N.

Employers must ensure that new employees complete the I-9 Form within the first three days of employment. Employers must retain the completed forms for three years from the first day of employment or one year from the last day of employment, whichever is later. Employers must keep these records accessible for inspection. Officials from the Department of Homeland Security, the Department of Labor, and the Immigrant and Employee Rights Section of the Department of Justice may inspect an employer’s records which must be produced within three days of a request. Failure to comply with these requirements can result in civil and criminal penalties.

Employers should also be aware that various states have enacted laws which require employers to use the e-Verify program within three days of an employee beginning work. In some states, the failure to comply with that requirement can result in the state temporarily suspending an employer’s ability to act as an employer which, in essence, would shut down the employer’s operation.

USCIS has provided online guidance at www.uscis.gov/i-9-central

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About this Author

David Yandle litigator, Womble Carlyle Law Firm, Employment Business Litigation Attorney

David S. Yandle is a trial lawyer with twenty five years of experience who now concentrates his practice in the firm’s employment, insurance, and business litigation groups. Mr. Yandle represents employers in all facets of employment law, including Title VII, ADA, ADEA, FLSA and FMLA, as well as employment contracts, covenants not to compete, employee handbooks, wage and hour disputes. His employment practice ranges from advising clients on contractual matters to litigating disputes before federal and state courts and administrative agencies. Mr. Yandle works closely...