Form I-9 Revised Yet Again

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U.S. employers should be advised that USCIS has released a new version of Form I-9, Employment Eligibility Verification, and the new form will take effect as of September 18, 2017.

Employers currently have the option to use the new version (dated 7/17/17 N) or continue using Form I-9 with a revision date of 11/14/16 N. However as of September 18, 2017, employers must use the form with a revision date of 07/17/17 N.

Form I-9 is required for the verification of identity and employment authorization of all employees, including U.S. citizens. The latest changes to the form include the following revisions related to the List of Acceptable Documents:

  • Consular Report of Birth Abroad (Form FS-240) has been added 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.
  • All certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) have been combine into selection C #2 in List C.
  • All List C documents have been renumbered 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.

There have also been revisions made to the instructions for Form I-9. The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been updated to its new name (Immigrant and Employee Rights Section) and "the end of" has been removed from the phrase "the first day of employment."

Details and instructions on Form I-9 can be found at USCIS I-9 Central.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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