As of 1/22/2017, employers are required to use the new version of Form I-9 to verify identity and employment eligibility of employees. See the new form (11/14/2016 N version) at https://www.uscis.gov/i-9. Form I-9 found at other sites may not be the correct version. All prior versions are obsolete.
Form I-9 is required for all new employees (hired after Nov. 6, 1986) or for the reverification of expiring employment authorization of current employees (if applicable). Under § 274A of the Immigration and Nationality Act, 8 U.S.C. 1324a, and as enforced by US Immigration and Customs Enforcement, employers who fail to properly complete and retain Form I-9 may be subject to penalties.
Please note that USCIS frequently releases new editions and version of its forms and the new version is not in response to a change in the law or rules in relation to the Form I-9 completion and retention. Furthermore, employers are not required to complete this new version of the form for employees who were hired prior to 1/22/2017 for whom there is already a properly completed Form I-9 on file. The new form is only required for new employees hired on or after 1/22/2017 or for the reverification of current employees if their employment authorization expires after 1/22/2017. The Form I-9 must be completed within three days of the date of hire.
If you have any questions regarding best practices for completion, storage, retention, and audit of Form I-9, please contact us.