U.S. Citizenship and Immigration Services (USCIS) has released a new version of the Form I-9, Employment Eligibility Verification, on July 17, 2017. Employers may continue to use the existing Form I-9 with a revision date of 11/14/16 N through September 17, 2017.
Click here to visit the USCIS website to access the new form and associated supplements.
We have reviewed the new Form I-9 and prepared the following list of changes:
Revisions to the Form I-9 Instructions
The Office of Special Counsel for Immigration-Related Unfair Employment Practices has changed its name to “Immigrant and Employee Rights Section.” The new form version will reflect the office’s new name.
Under the “Presenting Form I-9 Documents” section on page 5 of the 15-paged instructions, the words “the end of” will be removed from the phrase “the first day of employment.”
Revisions related to the List of Acceptable Documents on Form I-9
The form will add the historic Consular Report of Birth Abroad (Form FS-240) to List C. The Department of State ceased issuing these documents on November 1, 1990. The document is making a comeback to the list of acceptable documents.
All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) will be combined into the second selection under List C documents.
The List C document’s number order will be re-adjusted with the exception of the Unrestricted Social Security Card. For example, the current List C # 8 document (Employment Authorization Document issued by the Department of Homeland Security) will be re-listed as List C # 7 document.
Final International Entrepreneur Rule
Originally this change was to be included on this new version of the form. However, the Department of Homeland Security has delayed the effective date of this final rule from July 17, 2017 to March 14, 2018. Therefore, this change will not be implemented at this time. For more information about the Final International Entrepreneur Rule and the circumstances surrounding its delay, please review the two links below.
https://www.federalregister.gov/documents/2016/08/31/2016-20663/international-entrepreneur-rule – Summary of the Final International Entrepreneur Rule.
https://www.federalregister.gov/documents/2017/07/11/2017-14619/international-entrepreneur-rule-delay-of-effective-date – Summary of the details concerning the delay of the effective date of the Final International Entrepreneur Rule.