New Form I-9 Must Be Used Starting Today
Author: Michael Cardman, XpertHR Legal Editor
September 18, 2017
Starting today, employers must begin using the revised Form I-9, Employment Eligibility Verification for all new hires. The new form includes changes to the instructions and to the Acceptable Documents on List C. However, the existing storage and retention rules have not changed. Employers must continue to follow these rules for any previously completed Form I-9, as well as for new ones.
First-time paperwork violations - including failure to use the new form - can result in civil fines of $220 to $2,191 per non-compliant I-9 Form.
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.
The US Citizenship and Immigration Services (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.