USCIS Unveils New Form I-9s Like Apple Unveils iPhones

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Just as employers began getting comfortable with the “new” Form I-9 unveiled in November of last year, the U.S. Citizenship and Immigration Services (“USCIS”) released yet another revised Form I-9 to be used for employment eligibility verification on July 17, 2017. Use of the new version of the form becomes mandatory beginning on September 18, 2017. Until then, employers may continue using the Form I-9 with a revision date of November 14, 2016.

The notable changes to the form fall under the List of Acceptable Documents that an employee may provide as evidence of employment eligibility. Specifically, these changes include the following:

  • The Consular Report of Birth Abroad (Form FS-240) has been added to List C of Acceptable Documents. This change will be reflected on E-Verify, so that E-Verify users will be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • The form combines all 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.
  • List C documents, except the Social Security card, have been renumbered.

These adjustments will be reflected in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which the USCIS asserts “is also easier for users to navigate.”

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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