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eLABORate: September 18, 2017 Deadline for Employers to Use Revised I-9 Form

August 25, 2017

Beginning Monday, September 18, 2017, employers must begin using the updated Form I-9, Employment Eligibility Verification. Form I-9 is a mandatory form that must be completed by all U.S. employers. It is used to verify the identity and employment authorization for individuals hired for U.S. employment. On July 17, 2017, the United States Citizenship and Immigration Services (“USCIS”) released the updated I-9, and employers can download the new form from the USCIS website. According to USCIS, there are several changes to the updated Form:

  • The Form was updated to change the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • The Form was updated to remove “the end of” from the phrase “the first day of employment.”
  • The Consular Report of Birth Abroad (Form FS-240) was added to List C. Employers completing Form I-9 online will be able to select this document from the drop-down menus available in List C of Sections 2 and 3.
  • All of the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) were combined into selection C #2 in List C.
  • All List C documents except the Social Security card were renumbered.

Employers should evaluate their existing hiring practices to make sure they are using the most up-to-date Form I-9, and that completion of Form I-9 by the employee occurs no later than the employee’s first day of work for pay. Other rules relating to storage and retention for Form I-9 remain in place. Employers should continue to consult the Handbook for Employers: Guidance for Completing Form I-9 (M-274) for questions involving I-9 completion.