On October 21, 2019, the Office of Management and Budget approved a new Form I-9, which was published on January 31, 2020. The new version contains some small changes to the form and its instructions.

An employer is required to complete and retain a Form I-9 for every employee hired in the United States except for:

• Individuals hired on or before November 6, 1986 with continued employment since the hire date. 
• Individuals employed for casual domestic work in a private home on a sporadic, irregular or intermittent basis.
• Independent contractor or individuals providing labor to you if they are employed by a contractor providing contract services. Federal law prohibits individuals or businesses from contracting with an independent contractor knowing that the independent contractor is not authorized to work in the U.S.
• Individuals not physically working in the U.S.

When do employers have to start using the new Form I-9? 

While employers may continue to use the prior version of the Form I-9 until April 30, 2020, it is recommended to begin using the new form as soon as possible within your company. After April 30, 2020, employers are only allowed to use the new form with 10/21/2019 version date. 

What changes were made to the new Form I-9? 

Computer Version: In the Country of Issuance field in Section 1 and the Issuing Authority field  in the foreign passport selection in Section 2, Eswatini and Macedonia, North were added as choices. 

Instructions: Simple changes to the instructions were also included in the new form update including: clarification on who can act as an authorized representative on behalf of the employer, updated website addresses, clarifications on acceptable documents for Form I-9, process for requesting paper Forms I-9, updated DHS privacy notice and a Spanish version for Puerto Rico. 

What is an employer’s responsibility during the hiring process?

During the hiring process, employers have certain responsibilities under immigration law. 

These requirements are as follows: 

• Verify the identity and employment authorization of each person hired after Nov. 6, 1986. For employment in the Commonwealth of the Mariana Islands (CNMI), this verification requirement applies to persons hired after Nov. 27, 2009.
• Complete and retain Form I-9, Employment Eligibility Verification, for each employee who is required to complete the form.

What penalties are associated with an incomplete or incorrect Form I-9? 

• First offense increased from $559 – $4,473 to $573 – $4,586.
• Second offense increased from $4,473 – $11,181 to $4,586 – $11,463.
• Third offense + increased from $6,709 – $22,363 to $6,878 – $22,927.

Here is a breakdown of the most recent penalties: 

https://www.govinfo.gov/content/pkg/FR-2019-04-05/pdf/2019-06745.pdf