As you may recall, the U.S. Citizenship and Immigration Services ("USCIS") recently released yet another revised version (edition 07/17/17) of Form I-9, Employment Eligibility Authorization, with minor changes to the Form's instructions and List of Acceptable Documents. Beginning September 18, 2017, only the 07/17/17 edition will be valid. It can be found at https://www.uscis.gov/i-9.
In addition to some technical changes, the latest edition modifies the Form's instructions with regard to completing Section 1. Previously, Section 1 had to be completed by "the end of the first day of employment." USCIS now clarifies that the employee should "complete Section 1 at the time of hire (by the first day of their employment for pay)."
Although USCIS has not provided guidance as to the effect of this change, employers may want to revisit their onboarding practices to ensure that Section 1 of Form I-9 is completed after an offer is made and no later than when the employee starts work for pay, rather than by the end of the first day of employment.
The new edition also makes the following changes to List C of the List of Acceptable Documents:
- Adds Consular Report of Birth Abroad (Form FS-240);
- Combines 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; and
- Renumbers all List C documents, except the Social Security Card.
The new document also changes the name of the Office of Special Counsel for Immigration Related Unfair Employment Practices to its new name, "Immigrant and Employee Rights Section."
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.