New I-9 Form in an Environment of Increased Audits and Increased Fines

February 13, 2017

USCIS has released a new version of the Form I-9, which all employers must use beginning January 22, 2017. Employers should read the new Form I-9 instructions in full and also review the content of the new I-9 version carefully. Employers should also note that for the time being, until a new version is available (anticipated release is early 2017), the M-274 Handbook for Employers is outdated in many respects relating to the new form. If you have specifics questions, contact our office or review the Form I-9 instructions.


Here are a few things to understand about the new form:
  • All employers must use the newest Form I-9 version to verify the employment eligibility of new hires beginning no later than 1/22/17. Until then, employers can use either the new version (edition date 11/14/16) or the last version that’s been in effect since 2013 (the 03/08/13 edition).
  • USCIS elected to “upgrade” its newest version of the Form I-9 to a fillable and interactive PDF-“Smart” form, in which users could fill in the fields of the forms on their computers before printing and signing a hard copy. When a user opens the “Smart” I-9 in Adobe Reader, the fillable PDF form limits options for further responses based on information previously provided, flags errors and fields where information is missing, provides a link to the form instructions, and includes additional instructions for specific fields that’s available by hovering over a “?” icon that appears above a field within the PDF.

Download the full alert here.