Labor & Employment Law I FEBRUARY 3, 2020

Employers Must Use New I-9 Employment Verification Forms

As of January 31, 2020, employers should begin using Form I-9 with a version date of “(Rev. 10/21/2019)” to comply with their employment eligibility verification responsibilities. The version date is located on the bottom corner of the form.

Employers may continue using the prior version of Form I-9 (Rev. 07/17/2017 N) until April 30, 2020. USCIS is allowing employers this additional time to make necessary updates and adjust their business processes. After April 30, 2020, however, the prior version of Form I-9 will no longer be valid for use and will be obsolete. The public can download the new Form I-9 from After April 30, 2020, employers who fail to use Form I-9 (Rev. 10/21/2019) may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).

Employers do not need to complete the new Form I-9 (Rev. 10/21/2019) for current employees who already have a properly completed Form I-9 on file, unless reverification applies. Unnecessary verification may violate the INA’s anti-discrimination provision, section 274B of the INA, 8 U.S.C. 1324b, which is enforced by the Immigrant and Employee Rights Section (IER) in the Department of Justice’s Civil Rights Division.