Legal Blogs and Updates

On July 17th, U.S. Citizenship and Immigration Services ("USCIS") released a new Form I-9 (revision date 07/17/17).  The form can be found at I-9 Central, and used immediately.  The old form (revision date 11/14/2016) can still be utilized until September 17, 2017, with the new form becoming mandatory on September 18, 2017.  As always, it is best to transition to the new form as soon as possible.

The actual changes to the form are significantly minor, especially when compared to the major overhaul the Form I-9 underwent in January 2017.

Two small changes were made to the Form I-9 Instructions.  First, the Office of Special Counsel for Immigration-Related Unfair Practices is now referred to by its new name, the Immigrant and Employee Rights Section.  Second, the qualifier "the end of" was removed from the phrase "the first day of employment."  This applies to actions that need to be completed by the first day of employment.

USCIS updated the List of Acceptable Documents as follows:

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

• USCIS 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 will change from List C #8 to List C #7.

The new changes were also reflected in the revised Handbook for Employers: Guidance for Completing Form I-9, which USCIS claims is now easier to navigate.

If you have questions about the new Form I-9, do not hesitate to contact our firm.  Additionally, we can assist with updates to your I-9 policies and procedures, trainings on the proper capture of I-9, and periodic self-audits, which DHS encourages on at least an annual basis.