On July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification [PDF version]. Employers may use either the new 07/17/17 N Form I-9 or the prior edition with the 11/14/16 N date through September 17, 2017. Beginning on September 18, 2017, employers will be required to use the revised Form I-9 with the 07/17/17 N revision date. Employers must follow existing storage and retention rules for previously completed Forms I-9.
The USCIS made the following revisions to the Form I-9 instructions on the 07/17/17 N version of the Form I-9:
- Changed the name of “Office of Special Counsel for Immigration-Related Unfair Employment Practices” to “Immigrant and Employee Rights Section”; and
- Removed “the end of” from the phrase “the first day of employment.”
The USCIS made the following revisions to the list of acceptable documents on the Form I-9:
- The USCIS added the Consular Report of Birth Abroad (Form FS-240) to List C. The USCIS explained that employers completing the Form I-9 on a computer will be able to select the Form FS-240 from the drop down menus available in List C of sections 2 and 3. Employers using E-Verify will be able to select the Form FS-240 when creating a case for an employee who presented the Form FS-240 for Form I-9 employment verification.
- The USCIS combined all the certifications of report of birth issued by the Department of State (DOS), the Form FS-545, Form DS-1350, and Form FS-240, into selection C#2 of List C.
- The USCIS renumbered all List C documents except for the Social Security Card.
It is important for employers to comply with all Form I-9 reporting requirements. Employers with questions about matters relating to the employment of immigrants and nonimmigrants should consult with an experienced immigration attorney. For further guidance, we have uploaded the “Handbook for Employers: Guidance for Completing Form I-9 (M-274) for your convenience [PDF version (Jul. 14, 2017 update)].