Form I-9 is a government document used to verify the identity and work authorization of employees. All United States employers are required to have a properly completed Form I-9 for each individual hired to work in the United States.

On July 17, 2017, the USCIS issued a revised Form I-9. Employers may continue to use the previous Form I-9, which has a revision date of 11/14/16, through September 17, 2017. After that date, it is mandatory that all employers use the revised form, which contains a revision date of 7/17/17. While the new form contains rather minor changes, it is important that employers use the correct form. Accordingly, we recommend using the new form now to ensure that you are familiar with and are using the correct form in September. Employers can be subject to penalties for using old Form I-9s for new hires. The penalties for Form I-9 paperwork errors were substantially increased last year. Each use of an outdated form would constitute a separate violation, so penalties could add up quickly.

Among the changes in the revised Form I-9 is a change to the form’s instructions for Section 1. Previously, the instruction provided that Section 1 must be completed no later than the end of the first day of employment. The new form deletes the phrase “the end of.” While it is not entirely clear why this change was made, employers may want to make sure they have Section 1 completed on the first day, before the employee actually begins any work on behalf of the employer.

The new form is available at www.uscis.gov/i-9.

If you have any questions or concerns about this update, or any other employment or labor law questions, please contact S. Whitney Rahman at swr@blakingerthomas.com or (717) 509-7237.

**This update is provided for informational purposes only and
should not be construed as legal advice or as creating an
attorney-client relationship where one does not already exist**