New Form, New Flexibility, but Same Stiff Penalties: Unpacking Massive Changes to the Form I-9

The Department of Homeland Security announced on July 21 that the long-awaited new Form I-9 will be available for employers to use on August 1 – and that all employers must use the new form by November 1. The same announcement also provided remote verification flexibility for qualified employers that use E-Verify. The specifics of these developments, while anxiously anticipated, could not have been prepared for and require wholesale changes to the manner in which employers authenticate the status of their workforces. Failure to comply can lead to millions of dollars in fines, invite harmful negative publicity and, in extreme instances, even lead to criminal prosecution. The stakes are high, and the regulators are watching.