On March 8, 2013, a new version of the I-9 was released by the United States Customs and Immigration Service. Employers have been given until May 7, 2013 to make the switch over to the new forms, but as of that date, all new hires and all reverifications and rehires must complete the new form. Employees who have a valid I-9 on file do not need to complete a new form.

The main changes to the form are cosmetic – the form is now two pages, and the new layout makes it easier for employees and employers to ensure that they are completing the proper sections. The new form also includes six pages of instructions (compared to the previous form’s two pages) in order to ensure that everything is done correctly.

If you have not done so recently, now may be a good time for an I-9 self-audit. Here are some things to look at:

  • Each current employee has an I-9 on file that was signed on the employee’s first day, and a representative from the company signed the form within 3 days.
  • There is a separate file for the I-9s of former employees, and all I-9s for former employees are kept for three years from date of hire or one year from date of termination of employment, whichever is later.
  • You either have a copy of each acceptable document presented, or complete information about each document presented by the employee (such as issue date, document number and issuing authority).
  • The employer’s name and address are correctly filled in.

We have made a copy of the new I-9 available on our website at along with a copy of the W-4 and several Wage Theft Protection Act forms. Should you have any questions regarding these forms, or any other employee-related legal matter, please do not hesitate to contact either Justin ( or Bruce ( at 631-434-7633.