New Form I-9 Released: Ensure You Are in Compliance by September 18th

U.S. Citizenship and Immigration Services (USCIS) published the newest version of the Form I-9 on July 17. The new Form I-9 replaces the version previously released on November 14, 2016. While the changes to the form are subtle, the consequences for employers who do not use the new form to verify the employment eligibility of all new employees by September 18 are anything but. Fines for omissions or mistakes on Form I-9 can range from $216 to $2,156 per form.

The new form has been revised as follows:

• Employers should ensure Section 1 of the form is completed by the time the employee begins working. The phrase "at the end of" has been removed from "the first day of employment," indicating that USCIS will be pushing employers to ensure Section 1 is completed before the employee begins work.
• Employees are now able to submit a Consular Report of Birth Abroad (Form FS-240) as a List C document. These forms are most commonly issued to individuals who were born abroad to a U.S. citizen parent. E-Verify has also been updated to allow employers to select Form FS-240 from a drop down menu when creating a case for a new employee.
• All types of certifications of birth abroad, including Forms FS-240, FS-545, and DS-1350, have been combined as #2 in List C. Previously, Form FS-545 was listed as #2, Form DS-1350 was listed as #3, and Form FS-240 was not included. Consequently, List C documents which were previously numbered 4 through 8 are now numbered 3 through 7.

While employers may continue to use the November 14, 2016 version until September 18, 2017, we recommend employers begin using the new version to become familiar with it long before September 18. The new Form I-9 can be found here.