This past July, the U.S. Citizenship and Immigration Services (USCIS) published a revised Form I-9. Employers were given a grace period before they were required to use the new form, but that grace period expires soon!
By September 18, employers must only use the new Form I-9 with the revision date of 07/7/17 N. Prior versions of the form, including the version dated 11/14/16, will be unacceptable.
Employers should familiarize themselves with the changes to the new form. The Instructions for Form I-9 and the Form I-9 Supplement have also been updated.
According to the USCIS, revisions also include:
- A change relating to the timing of when the Form I-9 must be completed. Previously, the form and instructions stated that the employee must complete Section 1 “by the end of the first day of employment (emphasis added).” Now, the USCIS has removed “the end” from the phrase, and the employee must complete Section 1 “by the first day of employment.”
- A change to the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
- Revisions related to the list of acceptable documents on Form I-9:
- Added the Consular Report of Birth Abroad (Form FS-240) to List C.
- Combined all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) into selection C #2 in List C.
- Renumbered 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 changed from List C #8 to List C #7.
The USCIS also included these changes in the revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which was also improved for ease of navigation.
Gail Cecchettini Whaley, CalChamber Employment Law Counsel/Content
CalChamber has added the new Form I-9 English and Spanish version to their website for free. Not a member? See how CalChamber can help you.
