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Employers are reminded that as of January 22, 2017, employers must use the new I-9 form dated November 14, 2016, which replaces the form from 2013. Failure to use the new form may result in the assessment of penalties, which recently increased from $110 to $1,110 per violation, to $216 to $2,156.

Employers should note that the new I-9 is not an electronic I-9 and that the form completed using Adobe Acrobat must still be printed, signed, and dated by the employee. Employers should store the completed I-9 form in each employee's personnel file. The new I-9 form is located on the U.S. Citizenship and Immigration Service website. The website also includes more detailed instructions for properly completing the I-9.

Given the Trump administration's emphasis on immigration enforcement, employers are advised to be vigilant in complying with this new requirement, to prepare for an audit and to avoid liability.