On July 17, 2017, the United States Citizenship and Immigration Services ("USCIS") released an updated version of the Form I-9, Employment Eligibility Verification. This updated version will replace the most recent form from late January of this year. Employers will have the option to use the updated form (Rev. 07/17/17 N) or continue using the previous Form I-9 (Rev. 11/14/2016 N) during a 60 day grace period, until September 17, 2017. Beginning September 18, 2017, employers will be required to use the updated form for the initial employment verification of all new hires, as well as any applicable employment re-verifications.
A good practice would be for employers to begin using the new edition of the form immediately. Employers must continue following existing storage and retention rules for any previously completed Form I-9.
Current changes are made to the Form I-9 instructions as well as the Form I-9, they are as follows:
Revisions to the Form I-9 Instructions:
- The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has been changed. Its new name is Immigrant and Employee Rights Section (IER).
- The instructions on Section 2 have been changed to read: "Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment." The words "the end of" have been removed from the phrase "the first day of employment."
Revisions related to the List of Acceptable Documents on Form I-9:
- The Consular Report of Birth Abroad (Form FS-240) was 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 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.
- All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) have been combined into selection C#2 in List C.
- As a result of these changes, all List C documents except the Social Security card have been renumbered. 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.
All changes have been incorporated into a revised edition of the Handbook for Employers: Guidance for Completing Form I-9 (M-274).
U.S. employers are required to complete a Form I-9 for employees hired in order to verify employment authorization in the United States under the Immigration Reform and Control Act of 1986 (IRCA).
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.