New I-9 Employment Eligibility Verification Form Released Today

20:28 02 August in News Updates



USCIS released a slightly-modified Form I-9 today, bearing a revision date of 7/17/17.

Employers may use the current version (11/14/16 N) through September 17, 2017.

Effective September 18, 2017, use of the new I-9 form will be required for all new hires, as well as for Section 3 reverifications/ updates for existing employees.

Please note that although the revisions to the form are minor, in the event of an audit Immigration and Customs Enforcement generally deems the failure to use the proper version of the I-9 to be a technical violation subject to civil monetary fines.  It is therefore important to ensure the correct version of the form is used, despite the seemingly insignificant changes.

Employers must continue following existing storage and retention rules for any previously completed Form I-9.

USCIS also published an updated Form M-274, Handbook for Employers:  Guidance for Completing Form I-9, revision date 7/17/17.  The new M-274 reflects the I-9 changes, and is also supposed to be easier for users to navigate.

New Form I-9:  Form I-9, Employment Eligibility Verification

New Form M-274:  Handbook for Employers: Guidance for Completing Form I-9

Revisions to the Form I-9 instructions:

  • Changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • Removed “the end of” from the phrase “the first day of employment.”

Revisions related to the List of Acceptable Documents on Form I-9:

  • Added the Consular Report of Birth Abroad (Form FS-240) 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 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.
  • Combined all the 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.
  • Renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

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