Form I-9 Revised Again
Author: Rena Pirsos, XpertHR Legal Editor
July 17, 2017
Today, US Citizenship and Immigration Services (USCIS) has released yet another revised Form I-9, Employment Eligibility Verification. Changes were made to the form's instructions and to the list of Acceptable Documents on List C.
Employers have the option of using this newest version of the form, or they may continue using the Form I-9 dated 11/14/2016, but only until September 17, 2017. Starting on September 18, the version released and dated today must be used by all employers. One thing that has not changed is the requirement for employers to comply with existing storage and retention rules for any previously completed Form I-9.
Revisions to the form's instructions include:
- A change in the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to simply Immigrant and Employee Rights Section; and
- The removal of the words "the end of" from the phrase "the first day of employment."
The List C Acceptable Documents are revised as follows:
- The Consular Report of Birth Abroad (Form FS-240) has been added to List C. Employers that complete Form I-9 on a computer must select Form FS-240 from the drop-down menus available in List C of Sections 2 and 3. E-Verify users may select Form FS-240 when creating a case for an employee who has presented this document for Form I-9 purposes.
- All the certifications of report of birth issued by the Department of State (Forms FS-545, DS-1350 and FS-240) have been combined into selection C #2 in List C.
- All List C documents, except the Social Security card, have been renumbered. For example, the employment authorization document issued by the Department of Homeland Security on List C has been changed from List C #8 to List C #7.
USCIS notes that its Handbook for Employers (M-274), which provides guidance on completing the Form I-9, includes all these changes and has also been updated to make navigation easier.