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The latest Form I-9, Employment Eligibility Verification, was released on July 17 by US Citizenship and Immigration Services (USCIS). Employers can use this revised version or continue using Form I-9 with a revision date of 11/14/16 through September 17 of this year. Beginning September 18, however, employers must use the revised form with a revision date of 07/17/17. Employers must continue following existing storage and retention rules for any previously completed Form I-9s.

Changes to Form I-9 instructions include:

  • The name of the “Office of Special Counsel for Immigration-Related Unfair Employment Practices” was changed to “Immigrant and Employee Rights Section.”
  • The phrase “the end of the first day of employment” was shortened to “the first day of employment.” This phrase is used to describe various deadlines related to completing Form I-9 requirements

Changes to list of acceptable documents on Form I-9:

  • The Consular Report of Birth Abroad (Form FS-240) was added to List C.
    • Employers using I-9 Advantage 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) were combined into selection #2 in List C.
  • Renumbering 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.

USCIS will include these changes in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which also will be easier for users to navigate.

Next steps:

  • To ensure compliance, all employers should begin to use the new Form I-9 on September 18.
  • Clients using I-9 Advantage: The new Form I-9 will be available for all clients on or before September 18, 2017.

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