Starting Sept. 18th, 2017 – New I-9 Form Required

Update to Form I-9, Employment Eligibility Verification

On July 17, USCIS released a revised version of Form I-9, Employment Eligibility Verification. Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 until Sept. 18. Starting on Sept. 18, employers must use the revised form with a revision date of 07/17/17, as any previous forms will not be accepted. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

Revisions to the Form I-9 instructions:

• • USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.

• USCIS removed “the end of” from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

• • USCIS added the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.

• • USCIS has combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) into selection C #2 in List C.

• USCIS has also renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C has changed from List C #8 to List C #7.

These changes are included in the USCIS Handbook for Employers: Guidance for Completing Form I-9 (M-274), which is also easier for users to navigate. Please refer to the Handbook for more information.

Year after year, Immigration and Customs Enforcement has increased the rates of penalties and Form I-9 audits. In order to avoid such consequences, The Margolis Law Firm encourages employers and human resources personnel to carefully review the Form I-9 procedures, ensuring that their companies are in compliance with the employment verification requirements and that all new hires are eligible to work in the U.S.