Mandatory Use of Revised Form I-9 by September 17

On July 17, the USCIS (U.S. Citizenship and Immigration Services) announced the release of a revised Form I-9, Employment Eligibility Verification. The new I-9 form, which is used by human resource professionals to verify employment eligibility, will be mandatory beginning September 18, 2017. To help our clients, prospects and others understand the changes made and how to remain compliant, JLK Rosenberger has provided a summary below.

Form I-9 Changes

The new I-9 form is dated 07/17/17 in the lower left corner, and it replaces the version dated 11/14/16. Other notable changes to the form itself include the following:

Revisions to the Form I-9 instructions:

• The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has been changed to Immigrant and Employee Rights Section (IER)
• The instructions in Section 2 have been slightly changed to remove “the end of” from the phrase, “the first day of employment.” The section now reads: “Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee’s first day of employment.”

Revisions related to the “List of Acceptable Documents” were made to update List C, reflecting the most current version of the certification of report of birth issued by the U.S. State Department, including:

• The Consular Report of Birth Abroad (Form FS-240) was added to List C so employers completing Form I-9 on a computer will be able to select it from the drop-down menu and E-Verify users will be able to select it 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
• List C documents were renumbered except the Social Security card, which remains the first item on the list, to streamline the certification process for certain foreign nationals

These changes are also reflected in the newly revised Handbook for Employers: Guidance for Completing Form I-9.

Staying the Same

The new form is still an interactive PDF containing all the “smart I-9” features unveiled in the previous version to help employers reduce errors and complete the form more easily. In addition, employers must continue following existing storage and retention rules for all completed Form I-9s.

Implementation Date

Employers can continue using the previous Form I-9 through September 17, but it may be wise to begin using the updated version immediately. Use of the revised form dated 07/17/17 will become mandatory beginning on September 18, 2017 after a two-month grace period. While the changes seem minor, it’s vital to implement the new form as required to stay in compliance with the law. Failure to do so can result in significant fines, which have increased in the last year.

Contact Us

If you have any questions about the new Form I-9 or its implementation, JLK Rosenberger can help. For more information, call us at 949-860-9893 or click here to contact us. We look forward to speaking with you soon.