U.S. Citizenship and Immigration Services (USCIS) has released an updated Employment Eligibility Verification Form I-9 dated July 17, 2017. Employers can use either the latest July 17, 2017 version of the form or the version dated November 14, 2016 from now through September 17, 2017. However, employers will be required to use the July 17, 2017 version of the form beginning September 18, 2017. A copy of the revised form can be found here along with instructions. Note also that employers must continue following the existing storage and retention rules for any previously completed Form I-9.
Changes to the Form I-9 Instructions
USCIS made two notable changes to the Form I-9 Instructions:
- References to the Department of Justice’s “Office of Special Counsel for Immigration-Related Unfair Employment Practices” in the Civil Rights Division have been updated to reflect the section’s new name, “Immigrant and Employee Rights Section.”
- The phrase “the end of the first day of employment” has been revised to read “the first day of employment.” The phrase is used in describing various deadlines related to completing Form I-9 requirements.
Changes to the List of Acceptable Documents on Form I-9
USCIS has also made changes on Form I-9 to the List of Acceptable Documents in List C. Below is a summary of those modifications:
- The Consular Report of Birth Record (Form FS-240) has been added to List C. When completing Form I-9 on a computer, employers 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 the document.
- 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 Selected #2 in List C.
- All List C documents have been renumbered except for the Social Security card. As an example, the employment authorization document (EAD) issued by the Department of Homeland Security that was previously List C, Selection #8 is now List C, Selection #7.