With the new Form I-9 issued and increased scrutiny being paid to employers with I-9 compliance and recordkeeping by the Federal government, now is a great time for employers to review their I-9 forms to ensure that they are being properly filled out.
To assist you with this process, we put together a complimentary video that walks through the New Form I-9 and some common mistakes to look out for.
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.
In the meantime, if you have questions or concerns about immigration law, please contact Alfredo Acin
ABOUT ALFREDO ACIN
Mr. Acin is an associate in the firm’s Family Practice Group. He assists clients in a variety of family law matters including divorce, child custody and visitation, child support, alimony, property division, post-divorce decree enforcement, modification of custody, visitation, and support, and drafting pre-nuptial and separation agreements. Although he believes that it is in every party’s best interests to resolve matters between the parties, Mr. Acin recognizes that sometimes this is not possible, in which case he will zealously advocate on his clients’ behalf.
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