New I-9 Form

The United States Citizenship and Immigration Services (“USCIS”) published its revised I-9 Form which dealers are required to use for all new hires beginning January 22, 2017. The new form is a “smart” form which means that it is intended to guide employers through completion of the form through various features including drop-down menus, error notices, and automatically marking fields that are not applicable depending on the information inputted by the employer.

Although the new smart form is completed online through the USCIS’s website, it is not an electronic form. A hard copy must be printed, signed and stored as previously done with the older versions of the I-9 Form. Additionally, the new smart form will also automatically generate a “QR Code” that will be used by U.S. Immigration and Customs Enforcement auditors.

The new form has an effective date of November 14, 2016 and an expiration date of August 31, 2019. Failure to use the updated I-9 Form could result in significant penalties if audited. Effective August 1, 2016, the fines for I-9 Form errors increased significantly, with the maximum fine increasing from $1,100 to $2,156 per violation. The new form can be found on the USCIS’s website at: https://www.uscis.gov/i-9.

If you have any questions regarding the new I-9 Form, please do not hesitate to contact a member of our Dealer Practice Group for guidance by calling 248-645-9300 or by email: