New Form I-9 available

A Form I-9 is used for verifying the identity and employment authorization of individuals — both citizens and noncitizens — hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.

On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. The form, dated 7/17/2017 N, is available here. Employers may use this revised version or continue using Form I-9 with a revision date of 11/14/16 N, through September 17, 2017. However, on September 18, 2017, employers may only use the revised 7/17/2017 N form.

Changes to the new Form I-9 include:

  • The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices was changed to its new name, Immigrant and Employee Rights Section.
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  • The Consular Report of Birth Abroad (Form FS-24) was added to List C of Acceptable Documents.
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  • All 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.
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  • All documents in List C, except for Social Security card, were renumbered.
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The USCIS has updated its instruction booklet, Handbook for Employers: Guidance for Completing Form I-9 (M-274), to reflect these changes.

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For further guidance on best practices for maintaining Form I-9 compliance, as well as a discussion on what the Trump administration’s tough stance on immigration means for employers, please check out our complimentary on-demand webinar titled “I-9s and Immigration Enforcement,” released last week.

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This alert has been provided for clients and friends of McAfee & Taft A Professional Corporation. It does not provide legal advice, and is not intended to create a lawyer-client relationship. Readers should not act upon information in this alert without seeking professional counsel.