EMPLOYER ALERT! NEW FORM I-9 IN EFFECT SEPTEMBER 18TH!
By September 18, 2017, employers
use a new version of Form I-9, Employment Eligibility Verification, which was revised on July 17, 2017 (Form 7/17/2017 N). Until then, employers can continue using the recently revised Form 11/14/16 N.
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. Violations of the Form I-9 requirements can result in civil fines, criminal penalties, debarment from government contracts, and more.
Form I-9 Supplement
have also been updated.
Previously, the form and instructions stated that the employee must complete
Section 1 “by the end of the first day of employment (emphasis added).” Now, the employee must complete Section 1 “by the first day of employment.”
There has been a change to the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
Revisions related to the list of acceptable documents on
- 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.
- 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.
- 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 changed from List C #8 to List C #7.
The USCIS also included these changes in the revised
Handbook for Employers: Guidance for Completing Form I-9 (M-274)
, which was also improved for ease of navigation.
Note that employers must continue following existing
storage and retention
rules for any previously completed Form I-9.
Follow this link to obtain the new Forms, Instructions, and related documents here:
Although the changes to the Form I-9 appear minimal, failure to use the new form following September 18
can result in hefty fines. Have questions about I-9 compliance or any other pressing employment law issues? Your attorneys at Bradley & Gmelich LLP can help.