New Form I-9 available

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A Form I-9 is used for verifying the identity and employment authorization of individuals — both citizens and noncitizens — 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.

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form, dated 7/17/2017 N, is available here. Employers may use this revised version or continue using Form I-9 with a revision date of 11/14/16 N, through September 17, 2017. However, on September 18, 2017, employers may only use the revised 7/17/2017 N form.

Changes to the new Form I-9 include:

  • The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices was changed to its new name, Immigrant and Employee Rights Section..
  • The Consular Report of Birth Abroad (Form FS-24) was added to List C of Acceptable Documents.
  • All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) were combined into selection C#2 in List C..
  • All documents in List C, except for Social Security card, were renumbered..

The USCIS has updated its instruction booklet, Handbook for Employers: Guidance for Completing Form I-9 (M-274), to reflect these changes.

For further guidance on best practices for maintaining Form I-9 compliance, as well as a discussion on what the Trump administration’s tough stance on immigration means for employers, please check out our complimentary on-demand webinar titled “I-9s and Immigration Enforcement,” released last week.

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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