In case you haven’t heard, U.S. Citizenship and Immigration Services (USCIS) released a revised I-9 form today, July 17, 2017. A PDF of the new form can be downloaded by clicking HERE, or by visiting the USCIS website at www.uscis.gov/i-9.
Wait, didn’t USCIS just issue a new I-9 form a few months ago? Yes, they did. However, changes are necessary because of requirements contained in the International Entrepreneur Rule, effective July 17, 2017. (If you really want to know about the International Entrepreneur Rule, check out my July 2017 Daily Record article, “Missed These Important Updates? I’ve Got Your Back,” or click HERE for a detailed explanation, but don’t say I didn’t warn you!)
So what exactly has changed on the face of the form?
The date. That’s it! Before today, the date in the bottom left corner was 11/14/2016 N. As of today, the date in the bottom left corner is 07/17/17 N. (Does anyone else find it ironic that USCIS did not follow its own preferred date format of MM/DD/YYYY?)
However, it’s the “N” that follows the date that makes all the difference to employers. That “N” means that no previous version is acceptable after September 17, 2017, not even the current version (which has the same expiration date as the new form) you’ve been using since the beginning of the year (revision date 11/16/2016 N). What makes this all important is that employers using an outdated I-9 form will be subject to penalties.
There are a few things that have changed. According to USCIS:
- The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices was changed to its new name, Immigrant and Employee Rights Section (Instructions)
- The words, “the end of” were removed from the phrase “the first day of employment.” (Instructions)
- The “Consular Report of Birth Abroad,” Form FS-240, was added to List C, both on the printable form and to the drop-down menus of the online form. (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—are combined into item 2 in List C. (List of Acceptable Documents)
- All List C documents, except the Social Security card, were renumbered. (List of Acceptable Documents)
Finally, for those who are especially curious, or in need of something good to read on the beach this summer, the 115-page Handbook for Employers: Guidance for Completing Form I-9 (M-274) has been revised to reflect these changes. Happy reading!
This is a great time to audit of your I-9 forms! With potential fines over $2,000 per form, a small investment now could save tens- or even hundreds-of-thousands of dollars in the event of an ICE audit. Contact me at firstname.lastname@example.org, for more information or to schedule your I-9 audit.
Please feel free to contact Frank at email@example.com, or 855-672-4142 with questions or for more information.
Disclaimer: This content is for informational purposes only, does not constitute a legal opinion, and is not legal advice. The facts of each situation should be considered and analyzed individually. Therefore, you should always consult with competent employment counsel regarding any issues discussed here.
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