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You were probably feeling pretty on top of things when you adopted the revised Form I-9 (version 11/14/2016 N) that the U.S. Citizenship and Immigration Services (“USCIS”) published in November 2016. Now, in an apparent attempt to keep employers on their toes, USCIS will be issuing yet another updated Form I-9 (version 7/17/2017 N).

The Form I-9 is used to verify the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must complete a Form I-9 for each individual they hire, including citizens and non-citizens alike.

The newest Form I-9 will be rolled out on July 17, 2017. While you do not have to start using the latest revised Form I-9 right away, you must start using it on September 18, 2017. You can figure out which version of the Form I-9 you’re using by looking in the lower left corner of the form.

What changes can you expect with newest Form I-9? The List of Acceptable Documents, for one. List C will be expanded to include Consular Reports of Birth Abroad (Form FS-240). All certifications of report of birth issued by the Department of State (FS-545, Form DS-1350 and Form FS-240) will be combined into a single option, C#2, in List C. Finally, all List C documents except the Social Security card will be renumbered.

The revised Form I-9 instructions will be updated to refer to the new name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices, which is now called the Immigrant and Employee Rights Section. The only other change to the instructions is the removal of “the end of” from sentences indicating that if an individual is hired for less than 3 business days, documentation must be completed no later than the first day of employment.

One aspect of the Form I-9 that has not changed is the storage and retention rules. Employers should continue to follow existing retention rules for all previously completed Form I-9s.

Thompson Coe and myHRgenius Tip of the Week is not intended as a solicitation, does not constitute legal advice, and does not establish an attorney-client relationship.


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Kevin M. Mosher

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