The US Department of Homeland Security recently released a revised Form I-9 that all employers must use effective September 18, 2017. The Form I-9 and corresponding Instructions and Handbook for Employers received a major overhaul in November 2016, and have now been revised again. Frequently asked questions:

When must I begin using the new Form I-9? All employers must use the new form with new hires starting September 18, 2017. After that date, prior forms are no longer acceptable.

Can I continue using the current form until September 18, 2017? Yes — the current Form I-9 with a revision date of 11/14/16 can be used until September 17, 2017.

Can I start using the new Form I-9 now? Yes, and we recommend employers do so. The new form is at https://www.uscis.gov/i-9.

Do I need to have current employees complete the new Form I-9? No. Federal and state law prohibit employers from doing so. The new form should only be used with new hires going forward.

How can I tell the difference? Forms are identified by revision dates in the lower left corner. The current form says "Form I-9 11/14/2016"; the new form says "Form I-9 07/17/2017." Both share the same expiration date (08/31/2019) in the upper right, so focus on the revision date.

What changed? There are no substantive changes to the portions the employee and employer complete, but List C of the List of Acceptable Documents was revised to add the Consular Report of Birth Abroad and combine certifications of report of birth issued by the Department of State. The 15-page Instructions were revised (only the name of the referenced agency changed) and must be made available to each person completing a Form I-9. The Handbook for Employers was also revised.

While the Form I-9 has changed again, the employer's obligation has not: maintain complete, compliant and accurate Forms I-9 for every current employee, and for terminated employees for three years from the date of hire or one year from the date of termination, whichever is later. Employers who fail face stiff fines in an I-9 audit.

SCHOOL ACTIVITIES LEAVE: As a new school year approaches, employers should brush up on obligations to provide school activities leave (see the September 2016 Employment Law Bulletin).

Originally distributed as a PDF bulletin. View the original PDF.