United States Citizenship and Immigration Services (USCIS) once again issued a new Form I-9. Employers will be required to use the new version of the Form (dated 07/17/17) starting September 18, 2017. The new Form is available here. Employers may continue using the prior version of the Form (dated 11/14/2016) for new hires until September 18, 2017. The new Form applies to new hires only; employers should not complete new Forms I-9 for current employees.
The new Form I-9 includes only minor changes, as outlined below:
- A Consular Report of Birth Abroad (Form FS-240) is now listed as an acceptable List C document.
- All certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) are combined within selection C #2 in List C.
- The Form reflects the Office of Special Counsel for Immigration-Related Unfair Employment Practices’ new name, Immigrant and Employee Rights Section.
A new 15-page set of instructions is available for the new Form I-9. Additionally, an updated Handbook for Employers, a valuable resource for those handling Form I-9 issues, is available on USCIS’s website.
Given the increased enforcement of immigration-related laws this year, employers should use particular care when handling Form I-9 and other immigration-related employment processes and practices. Annual internal Form I-9 audits and periodic 3rd party Form I-9 audits by qualified professionals are recommended. Many mistakes discovered during an audit can and should be corrected.