Employment Law Daily Revised Form I-9 released for use
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Thursday, July 20, 2017

Revised Form I-9 released for use

U.S. Citizenship and Immigration Services has released its new version of Form I-9, Employment Eligibility Verification. Employers may begin using this revised version or continue using Form I-9 with the revision date 11/14/16 N through September 17, according to a USCIS release. As of September 18, employers must use the revised form, however, which has the revision date of 07/17/17 N.

Revisions. The following revisions are made to the Form I-9 instructions:

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

The following revisions were made as to the List of Acceptable Documents on Form I-9:

  • The Consular Report of Birth Abroad (Form FS-240) has been 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 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.
  • 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.
  • All List C documents have been renumbered 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.

USCIS included these changes in the revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which it says is easier for users to navigate.

Document retention. USCIS also reminded employers that they must continue following existing storage and retention rules for any previously completed Form I-9.

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