Citizenship and Immigration Services to Require Using Updated Form in September

On Sept. 18, the U.S. Citizenship and Immigration Services (USCIS) will require employers to use the revised version of Form I-9, Employment Eligibility Verification, with a revision date of 07/17/17 N. Employers must continue following existing storage and retention rules for any previously completed Form I-9. The USCIS press release includes the following changes:

Revisions to the Form I-9 instructions:

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

Revisions related to the list of acceptable documents on Form I-9:

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 Sections 2 and 3 of List C. 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. 
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.
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 changed from List C #8 to List C #7.

Further, ABC’s general counsel, Littler Mendelson P.C., prepared an analysis of the revised form and stated that “Although these changes are minimal, employers should take note of them to remain in compliance.  Particularly with regard to the revisions in the Section 1 instructions, employers should revisit their internal Form I-9 policies to ensure that employees are completing Section 1 no later than their first day of employment.”

Employers can use the revised Form I-9 or continue using Form I-9 with a revision date of 11/14/16 N through Sept. 17.

In accordance with the revised form, USCIS also revised the Handbook for Employers: Guidance for Completing Form I-9 (M-274).

More information on the revised Form I-9 can be found on the USCIS website