New I-9 Form To Be Released on July 17

July 14, 2017Alerts Immigration Alert

On July 12, 2017, United States Citizenship and Immigration Services (USCIS) announced it will release a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017. This new edition of the form, which will bear a revision date of 07/17/17 N, will become mandatory on September 18, 2017, and will replace all prior editions of the form as of that date.

Employers may use either the current edition (with a revision date of 11/14/16 N) or the new edition, once released, through September 17, 2017. As of September 18, 2017, however, only the new edition will be acceptable for new hires or reverifications.

The new version of the Form I-9 is expected to include the following changes:

Revisions to the Form I-9 Instructions:

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

Revisions Related to the List of Acceptable Documents on Form I-9:

  • The Consular Report of Birth Abroad (Form FS-240) will be added to List C.
    • Employers completing Form I-9 on a computer will be able to select Form FS-240 from the dropdown 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.
  • All of the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) will be combined into selection Item 2 under List C.
  • All List C documents, except the Social Security card, will be renumbered.
    • For example, the employment authorization document issued by the Department of Homeland Security on List C will change from Item 8 under List C to Item 7 under List C.

All changes will be incorporated into a revised edition of the M-274 Handbook for Employers: Guidance for Completing Form I-9, which is also being revised to make it easier for users to navigate.

All U.S. employers are required to complete a Form I-9 for every employee hired in order to verify that the individual is authorized for employment in the United States under the Immigration Reform and Control Act of 1986 (IRCA). Beginning September 18, 2017, employers must use the new version of the Form for all new hires and for reverifying current employees with expiring employment authorization documentation. [Employers should not complete new forms for existing employees who do not require reverification.] A best practice would be for employers to begin using the new edition of the form immediately upon its release.

You may view the Office of Management and Budget Conclusion here and the final Federal Register Notice effectuating these changes here.

Once released you may obtain the new edition of the Form I-9 (in English and Spanish), as well as the new M-274 Handbook for Employers: Guidance for Completing Form I-9, here.

For questions or more information about this alert, please contact Alka Bahal at 973.994.7800 or [email protected] or any member of the firm’s Immigration Practice.