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USCIS Revised I-9 Form to Be Implemented By Employers in September 2017

Published by on August 24, 2017

U.S. Citizenship and Immigration Services now requires employers to use a revised version of the I-9 Employment Eligibility Verification Form starting September 18, 2017.

This post is intended to replace our previous post on the revised I-9 Form.

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of the Form I-9, Employment Eligibility Verification. Between now and September 17, 2017, employers can use either the newest form or the form revised November 14, 2016. Starting on September 18, 2017, employers must use the form revised July 17, 2017.

A few changes have been made in the newest version, including:

  • the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been changed to its new name “Immigrant and Employee Rights Section”;
  • the Consular Report of Birth Abroad (Form FS-240) has been added to List C and employers can now complete Form I-9 on a computer. Employers can 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;
  • all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) are now in selection C#2 in List C; and
  • List C documents are renumbered except the Social Security card.

The English and Spanish versions of the new forms can be found on the USCIS website here. Keep in mind the Spanish version of the form may only be filled out by employers and employees in Puerto Rico.

Welter Insight

Employers must use the new revised I-9 Form starting on September 18, 2017. Employers are required to verify the identity of their employees, including U.S. citizens, and complete the Form I-9. Employers should also be aware that discrimination on the basis of citizenship, immigration status, or national origin is prohibited by federal law. To this end, employers must avoid improperly treating groups of applicants differently when completing the Form I-9. For example, employers should not request that some job applicants or new hires provide more documents than are required or require a document with a social security number on it. In addition, employers should not improperly reject documents that reasonably appear genuine. All applicants should be treated uniformly with regard to completing the Form I-9.

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