September 19, 2020

Volume X, Number 263

September 18, 2020

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September 17, 2020

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

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.

Copyright 2020 K & L GatesNational Law Review, Volume X, Number 51


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-...