New I-9 (And We Are Not Talking About Bingo) – Employers Should Look For New Form by September 18

Bradley Arant Boult Cummings LLP
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The U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Employment Eligibility Verification, Form I-9 that employers will need to start using soon. As all employers know, the I-9 is the form used to verify employee work authorization. Employers may begin using the new Form I-9 (revision date 07/17/17) immediately, although the previous version (revision date 11/14/16) may also be used through September 17, 2017. Beginning on September 18, only the new version will be acceptable.

Is There a Difference?

The new Form I-9 contains only one minor change: a revision to the Lists of Acceptable Documents, List C. This list now includes the Form FS-240 Consular Report of Birth Abroad, the most current version of the certification or report of birth issued by the U.S. Department of State to individuals born abroad to a U.S. parent.

USCIS has also tweaked the accompanying Form I-9 Instructions, including a change to reflect that the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been renamed the Immigrant and Employee Rights Section (IER) of the Department of Justice’s Civil Rights Division.

Change Your Forms by September 18

Although these revisions will have almost no practical effect, it is imperative that employers begin using the new Form I-9 no later than September 18, 2017. Failure to use the new version is a Form I-9 violation that can lead to civil penalties in the event of an audit by Immigration and Customs Enforcement (ICE).

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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