New Form I-9 Released – September 18th effective date

The USCIS released a revised version of Form I-9, Employment Eligibility Verification on July 17, replacing the current version (dated November 14, 2016).  This is the second mandatory change in less than one year.  While the changes are generally minor in nature, all employers will be required to use the new form (dated July 17, 2017) as of September 18, 2017.  Employers may use the previous or the current form through September 17.  However, after that date, all previous versions will not be acceptable.

There are changes to both the instructions and the List of Acceptable Documents on Form I-9, with the goal of easing navigation of the form.

The new Form I-9 instructions:

  • Remove “end of” from the phrase “first day of employment” when describing the day on which the Form I-9 completion is required; and
  • Revise the name of the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, the Immigrant and Employee Rights Section (IER).

Another revision includes the addition of the Consular Report of Birth Abroad (Form FS-240) to List C.  Employers completing the form on a computer will be able to select Form FS-240 from the drop-down menus and E-verify users will be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.  All certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) have been combined into selection C#2 in List C.  Finally, all List C documents have been renumbered, except for the Social Security card.

All changes are included in a revised Handbook for Employers:  Guidance for Completing Form I-9 (M-274).  While employers have the option to continue to use the previous Form I-9 through September 17th, it is advisable to start using the updated version as soon as possible to help ensure that all hiring managers and human resource representatives are in compliance by the deadline.

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