New I-9 Form Deadline: 4 Employer Questions Answered

Written by Joanna Morrow

Joanna Morrow, Principal and Founder of Employer Benefits & Advice, is an employer consultant and advocate who has worked in the employee benefits industry for over two decades. She works diligently to help employers overcome obstacles in their business by sharing her expertise in Human Resources, Benefits & Compensation, Process Mapping, Risk Management and ERISA/DOL/IRS compliance. She is a licensed life and health insurance professional in the State of Arizona and is an active member of the National Association of Health Underwriters (NAHU).

New I-9 Form Deadline: 4 Employer Questions Answered

Immigration enforcement is a major priority for the Trump Administration. Work site enforcement, I-9 audits and inquiries by ICE continue to increase along with employer fines for I-9 violations.

Companies that have already undergone one audit are likely on the list for a second. Those that have experienced a second I-9 audit with violations are likely to see a third audit so it pays to take the time and ensure your I-9s are in compliance.

On July 17, 2017, USCIS issued a revised Form I-9.

All employers must be using the new Form I-9 by September 18, 2017.

Click below to access the new form and instructions for completing it.

New Form I-9

Instructions for Completing Form I-9


Here are the answers to 4 of the most frequently asked questions about the new form:

#1 – How do I know I’m using the correct I-9 form?

  • The new form is dated 07/17/17 in the bottom left corner of the form
  • The new form has an expiration date of 08/31/2019 in the top right corner of the form
  • You can use either the 11/14/2016 or the 07/17/17 Form I-9 through September 17, 2017.
  • As of September 18, 2017, use only the Form I-9 dated 07/17/17

#2 – What changes were made to the form?

While there were changes made to both the Form I-9 instructions and the Form I-9 itself, the changes to the new Form I-9 are minimal.

Change #1
The old sentence that read employee must complete the Form I-9 “no later than the end of the first day of employment”

Was changed to:
Section 1 must be completed “no later than the first day of employment.

Change #2
On the old Form I-9 instructions, the DOJ Office of Special Counsel for Immigration-Related Unfair Employment Practices

Was changed to:
“the Immigrant and Employee Rights” section to reflect the new name of the Office of Special Counsel (“OSC OF DOJ”) that was changed on January 18, 2017. This is the government agency that handles discrimination charges if a company is considered overzealous in asking for specific or additional documents, or is discriminatory in how it handles SSN mismatches, or if a company targets or singles our individuals with EAD authorizations or permanent resident cards differently than others.

Change #3

On the old Form I-9, List C on the List of Acceptable Documents

Was changed to:
add the Form FS-240 Report of Consular Birth Abroad and all the certifications or reports of birth issued by the Department of State were combined into one number on the List of Acceptable Documents. The other List C documents (with the exception of List C) were then renumbered.

#3 – What rules should the company follow to ensure proper completion of the I-9 Form?

What – Make sure the I-9 is fully complete.

When – Section 1 of the form must be completed on the first day an employee works for you.

Where – Make sure to post the new Form I-9 instructions on the wall where you post your required employment posters for employees.

How – Have the List A, B and C page available for employees when they complete the I-9 form.

DO NOT ask employees for specific types of documents to complete the I-9 form. Always let the employee choose one document from List A or one document from List B and C.

#4 – When it comes to I-9 compliance, how can companies avoid costly violations?

  1. Implement the new Form I-9 by September 18, 2017
  2. Conduct an internal I-9 audit and I-9 training to help ensure proper compliance with the immigration, employment verification, and E-Verify requirements, as applicable.
  3. Stay vigilant on your internal I-9 audits and ensure your team is trained on
  • completing I-9 forms
  • avoiding discrimination
  • responding to government investigations
  • following protocols when responding to police, DES or other third party inquiries about identity issues
  • auditing I-9 forms

For assistance with I-9 training, forms, audits and/or production of supporting training booklets and certificates contact me at 602-903-4047, or