New Form I-9 Released for Use in September

HIGHLIGHTS

• The updated Form I-9 replaces a version that was issued in 2016.
• Updates include revisions to the instructions and to the list of acceptable documents.
• The substantive requirements for completing the Form I-9 have not changed.

IMPORTANT DATES
July 17, 2017
Updated Form I-9 is published.
September 18, 2017
Employers must transition to exclusive use of the 2017 Form I-9 by this date.

OVERVIEW
On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS), part of the U.S. Department of Homeland Security, issued an updated version of Form I-9: Employment Eligibility Verification (Form I-9). Under federal law, every employer that recruits, refers for a fee or hires an individual for employment in the United States must complete a Form I-9.

The updated form replaces a version that was issued in 2016. Employers may continue using the 2016 form until Sept. 17, 2017. Exclusive use of the updated form is expected by Sept. 18, 2017. The new form expires on Aug. 31, 2019.

ACTION STEPS

• Employers must become familiar with the new Form I-9 and transition to its exclusive use by Sept. 18, 2017.
• Employers must continue their compliance with collecting and retaining Form    I-9.
• Employers may download the 2017 Form I-9 from the USCIS website.

Field Changes and Updates
The changes made by USCIS include revisions to the instructions and to the list of acceptable documents.

Revisions to Instructions

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

Revisions to List of Acceptable Documents

• USCIS 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 Section 2 and Section 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.
• USCIS 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.
• USCIS 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 will change from List C #8 to List C #7.

Source: USCIS

More Information
Please visit the USCIS website for more information regarding USCIS or the new Form I-9.

This Compliance Bulletin is not intended to be exhaustive nor should any discussion or opinions be construed as legal advice. Readers should contact legal counsel for legal advice.

© 2017 Zywave, Inc. All rights reserved. JPA 7/17