New Form I-9 Must Be Used Starting May 1, 2020

New Form I-9 Must Be Used Starting May 1, 2020

On October 21, 2019, U.S. Citizenship and Immigration Services (USCIS) released a new version of Form I-9. Employers had the option to use the new version starting on January 31, 2020, but employers are now required to use the new version starting May 1, 2020. Using earlier versions of the form is not acceptable after this date. Only your new employees need to use the new form; you do not need your employees with an existing I-9 on file before May 1, 2020, to complete the new form.

You can find the most current form at Note that the correct form has a revision date in the lower left-hand corner of 10/21/2019.

As a refresher, Form I-9 is a document that employers must complete to verify the identity and employment authorization of every new hire (both citizens and noncitizens), hired after November 6, 1986, to work in the United States. Employers are liable for all errors on the form (even errors made by the employee in completing Section 1), and employers must retain I-9s for inspection for a certain period of time after an employee leaves the company (either one year after the date of termination or three years after the hire date, whichever date is later).

COVID-19 Temporary Policy for List B Identity Documents

Because many areas are under stay-at-home orders due to COVID-19 and some online renewal services have restrictions, employees may experience challenges renewing a state driver’s license, a state ID card, or other Form I-9 List B identity document. Considering these circumstances, DHS is issuing a temporary policy regarding expired List B identity documents used to complete Form I-9, Employment Eligibility Verification.

Beginning on May 1, 2020, identity documents found in List B set to expire on or after March 1, 2020, and not otherwise extended by the issuing authority, may be treated the same as if the employee presented a valid receipt for an acceptable document for Form I-9 purposes.

When your employee provides an acceptable expired List B document that has not been extended by the issuing authority you should:

  • Record the document information in Section 2 under List B, as applicable; and,
  • Enter the word “COVID-19” in the Additional Information Field.

Within 90 days after DHS’s termination of this temporary policy, the employee will be required to present a valid unexpired document to replace the expired document presented when they were initially hired.

Note: It is best if the employee can present the replacement of the actual document that was expired, but if necessary, the employee may choose to present a different List A or List B document or documents and record the new document information in the Additional Information Field.

When the employee later presents an unexpired document, you should:

In the Section 2 Additional Information field:

  • Record the number and other required document information from the actual document presented; and,
  • Initial and date the change.