Two Week Countdown to Start Using Revised I-9 Form

Posted on September 6, 2017
Posted in I-9

the situation

In July of this year, U.S. Citizenship and Immigration Services (“USCIS”) published a revised version of Form I-9 for employers to use to establish the eligibility of individuals for employment under the Immigration Reform and Control Act.  Although this new form has been available since July 17, until September 17, employers had the choice of using the previous version.  But as of September 18, all employers must begin using the I-9 with the revision date of July 17, 2017.

the ruling

The new Form I-9 can be found here.  As with the last revision, the new form is not dramatically different in terms of the information to be provided.  Regardless, though, in order to be fully compliant, this new form must be used.

There are a few technical changes (like changing the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Special Rights Section).  There are also some revisions to the list of acceptable documents which can be provided to establish eligibility –including the addition of the Consular Report of Birth Abroad to List C, the combination of all of the certifications of report of birth issued by the Department of State into selection c #2 in List C, and the renumbering of all List C documents except the Social Security card.

the point

Of course, employers still need to remember that the employer representative verifying employment eligibility must be in the physical presence of the person being verified and actually see the original documents offered for verification purposes. Additionally, employers must make sure to follow existing storage and retention rules for any previously completed Form I-9.
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