URGENT: USCIS Issues New Mandatory I-9 Form

The U.S. Citizenship and Immigration Services (USCIS) has published the newest version of the I-9 Form. Use of the updated form is mandatory starting September 18, 2017. Employers are to continue following existing storage and retention rules for any previously completed Form I-9.

DOWNLOAD UPDATED VERSIONS OF THE I-9 FORM HERE

INSTRUCTIONS FOR COMPLETING AND CORRECTING THE I-9 FORM

Until September 18th, employers are still able to use the older version of the form with a revision date of Nov. 14, 2016; the new form’s revision date is July 17, 2017.

Updates to the new form include:

“Revisions to the I-9 instructions:

  • The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices is changed to its new name, Immigrant and Employee Rights Section.

  • The form will remove “the end of” from the phrase “the first day of employment.”

Revisions related to the I-9’s List of Acceptable Documents:

  • Added: the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down 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.

  • 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 will change from List C #8 to List C #7.”

The agency recommends using the updated form as soon as possible. If you do not begin using the correct form by Sept. 18, 2017, your company may face the following:

  • Civil fines

  • Criminal penalties (when there is a pattern or practice of violations)

  • Debarment from government contracts

  • A court order requiring the payment of back pay to the discriminated individual

  • A court order requiring the employer to hire the discriminated individual

Source: https://www.uscis.gov/news/alerts/revised-form-i-9-now-available