The U.S. Citizens and Immigration Services (USCIS) has issued a revised Form I-9 (Employment Eligibility Verification). The new form has a revision date of 07/17/17 N on it. The new form can be found on the USCIS site. This new form may be used immediately, along with the current Form I-9 with a revision date of 11/14/16 N; however, the new form must be used after September 18, 2017. USCIS also issued a revised Handbook for Employers: Guidance for Completing Form I-9.

Revisions included in the new Form I-9 include:

  • Changing the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) to Immigrant and Employee Rights Section (IER).
  • Modifying the instructions on Section 2 to read: “Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee’s first day of employment.”
  • Renumbering the List C documents, except for the Social Security card, which remains #1 on the list.
  • Adding as a List C document the Consular Report of Birth Abroad (Form FS-240), which is issued to certain employees born overseas to a U.S. citizen parent.
  • Compiling all birth certificates issued by the U.S. State Department (Form FS-545, Form DS-1350 and Form FS-240) into selection C#2 on List C.

The changes to the Form I-9 may seem relatively minor, but failure to use the new form can result in penalties during an audit. Such penalties were increased last year and nearly doubled from $110-$1,100 per violation to $216-$2,156 per violation.

If you have any questions about the new form, or your Form I-9 practices in general, contact your Ireland Stapleton employment law attorney for help.