On July 17, 2017, USCIS issued an updated Form I-9. The form is available for download here along with instructions on how to fill out the revised form. Employers are required to use the new form for all new hires on or before September 18, 2017. Until that date, employers can either use the new form or the form with the revision date of November 14, 2016.
For those looking closely at the new form, there are changes in two sections, in the instructions and in the list of acceptable documents. The instructions were revised to update the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section. In addition, USCIS removed “the end of” from the phrase “the first day of employment.” The List of Acceptable Documents on the Form I-9 was revised to add the Consular Report of Birth Abroad (Form FS-240) to List C. USCIS also 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 one selection. Finally, as a result of these other changes, USCIS renumbered all List C documents except the Social Security card.
While these changes are very minor in the grand scheme of things, employers are required to use the correct version of the Form I-9 for all new hires and failure to do so could potentially result in fines and compliance issues. Moreover, given the Trump Administration’s focus on undocumented workers and I-9 compliance, the issuance of a new form is a good time for employers to audit all of their I-9 forms and practices.
We are closely monitoring all immigration-related executive orders, laws and regulations which may impact employers. In the coming weeks and months, we will be providing more specific, in-depth analysis of all executive orders and regulations and how they may impact the business community.
ABOUT GREGORY CURREY
Gregory Currey is an experienced and efficient litigator who focuses his practice on Labor and Employment Law and Defense Litigation. He represents employers in State and Federal employment litigation, focusing on all aspects of employee relations, including compliance with Title VII, the ADA, FMLA, FLSA, immigration issues involving I-9s, the E-verify program and H-1B visas, ERISA, retiree health benefits and the NLRA. In addition to handling employment litigation, Mr.Currey represents companies and individuals in general litigation, with extensive experience in construction litigation. In addition to his litigation work, Mr. Currey counsels businesses and organizations to ensure compliance with State and Federal employment laws, reviews and drafts policies for employee handbooks and leads employee and management training programs.
ABOUT OFFIT KURMAN
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