On July 17, 2017, the U.S. Citizenship & Immigration Services (USCIS) released yet another updated version of the Form I-9. While employers are encouraged to start using the new Form I-9, employers are permitted to continue to use the Form I-9 with a revision date of 11/14/16 until September 17. As of September 18, 2017, however, employers are required to use the latest version of the Form I-9, dated 07/17/17 N.
Fortunately, the current changes to the form are minimal in nature and should not add to the considerable burden already on employers. Below is a short summary of the revisions made by USCIS:
Revisions to the Form I-9 instructions:
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USCIS revised the anti-discrimination and privacy act notices on the instructions to change the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
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USCIS removed “the end of” from the phrase “the first day of employment.”
Revisions to the List of Acceptable Documents on Form I-9:
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The Consular Report of Birth Abroad (Form FS-240) has been added as an acceptable document under 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 Sections 2 and 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.
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All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) are now combined into selection C #2 in List C.
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All List C documents (except the Social Security card) were renumbered.
Additionally, USCIS issued a press release advising employers that all of the latest changes have been included in the revised Handbook for Employers: Guidance for Complete Form I-9 (M-274).
While the updates to the Form I-9 were marginal, employers should not be lulled into a false sense of security. The current administration has made enforcement of our immigration laws a top priority. With fines increased considerably last summer, employers would be wise to review their Form I-9 procedures and records now to ensure compliance. Continue to check back with us for updates.
