September 14, 2017
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Employers Must Use Yet Another Revised Form I-9 Beginning September 18

Our readers may recall that use of the current version of the Form I-9, Employment Eligibility Verification, became mandatory at the beginning of this year. U.S. Citizenship & Immigration Services has made minor revisions to that form and has released a new version and accompanying instructions with an edition date of 07/17/2017. The latest version of the form must be used by employers for all new hires and reverifications starting on Monday, September 18, 2017. Employers should note that there is no requirement to use the latest version where the previous version was fully completed prior to September 18, 2017, for a new hire who will start employment on or after that date.
 
The revisions made were to the list of documents that establish employment authorization (“List C”) and form instructions, as follows:

  • Form FS-240, Consular Report of Birth Abroad, has been added as an acceptable List C document.
  • All certifications of report of birth issued by the U.S. Department of State (Forms FS-545, DS-1350, and FS-240) have been combined into one section, item 2 of List C documents. 
  • All List C documents except the Social Security Card have been renumbered. 
  • The instructions have been revised to direct completion of Section 1 of the form and presentation of acceptable documents by individuals employed for less than three days “no later than the first day of employment.”
  • The instructions have also been revised to reflect the new name of the former Office of Special Counsel for Immigration-Related Unfair Employment Practices, Immigrant and Employee Rights Section.

Employers should inform their Form I-9 administrators of this new development to ensure compliance. They are also reminded to continue to follow the Form I-9 storage and retention rules which remain unchanged. 

If you have questions about this alert, please contact your Lathrop Gage attorney or the attorney listed above.