July 18, 2017

USCIS Releases Revised Form I-9

On July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, Employment Eligibility Verification. Employers may now use the new form or continue using the prior Form I-9 with a revision date of 11/14/16 N through September 17, 2017. However, the new form with a revision date of 07/17/17 N must be used on and after September 18, 2017. Employers are encouraged to start using the new form right away to avoid potential non-compliance after the September 17 deadline.

The new document includes relatively insignificant updates, namely:

  • The reference to the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has been changed to its new name, Immigrant and Employee Rights Section (IER).
  • The instructions on Section 2 have been slightly changed 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” (rather than “the end of” the first day of employment”).
  • The new version also renumbers all List C documents except the Social Security card and streamlines the certification process for certain foreign nationals.

The new version also: 1) includes space to enter the names of multiple preparers and translators as well as a new space for including additional information; 2) dispenses with the need to write information in the form’s margins; and 3) includes a supplemental page for the preparer or translator to complete.

The changes to the form can be found in the newly revised Handbook for Employers: Guidance for Completing Form I-9 (M-274).

Members should discard older versions of the blank forms and train hiring managers and human resources representatives to download and begin using the new version of the form for new hires going forward. Employers must continue following the existing storage and retention rules for any previously completed Form I-9.

For more information, please contact Jason Resnick at (949) 885-2253.