Employers Must Start Using Revised Form I-9 by September 18

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Written By ESR News Blog Editor Thomas Ahearn

Starting Monday, September 18, 2017, all employers in the United States must use the revised Form I-9, Employment Eligibility Verification (Revision Date 07/17/17 N) published by the U.S. Citizenship and Immigration Services (USCIS) on July 17, 2017 and available at www.uscis.gov/i-9.

The Form I-9 is used for verifying the identity and employment authorization of individuals hired for work in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire and all employees must attest to their employment authorization.

Employers should also continue following existing storage and retention rules for any previously completed Form I-9s. The USCIS – the government agency that oversees lawful immigration to the United States – made the following revisions to the Form I-9 instructions:

  • The USCIS changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name of Immigrant and Employee Rights Section.
  • The USCIS removed “the end of” from the phrase “the first day of employment.”

The USCIS also made revisions related to the List of Acceptable Documents on the Form I-9, which is used for verifying the identity and employment authorization of individuals hired for work in the United States:

  • The USCIS 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.
  • The USCIS 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.
  • The USCIS 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 USCIS will include these changes in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which also will be easier for users to navigate. To learn more about the Form I-9, visit www.uscis.gov/i-9-central.

As reported earlier by ESR News, the USCIS allowed employers to use the previous Form I-9 with the revision date of 11/14/16 N through September 17, 2017. Employers must use the revised form with the revision date of 07/17/17 N by September 18, 2017.

The USCIS also is also reminding employers that all Form I-9 requirements remain in effect for those areas impacted by Hurricane Harvey. All employers must continue to complete and retain Form I-9 for all individuals they hire for employment.

More information on how employers should complete the Form I-9 if an employee’s documents are lost, stolen, or damaged – as well as contact information for replacing lost or damaged documents – is available on the Hurricane Harvey Fact Sheet.

ESR Helps Employers with Form I-9 Compliance

Employment Screening Resources® (ESR) – a leading global background check firm  – is also a Designated E-Verify Employer Agent that helps employers with Form I-9 and E-Verify compliance. For more information about ESR, please visit www.esrcheck.com.

NOTE: Employment Screening Resources® (ESR) does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

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