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Legal Alert: New Form I-9

By on August 30, 2017 in Legal Alerts with 0 Comments

Employers– get ready! The deadline as to when the new Form I-9 must be used is quickly approaching.  In case you are not aware, employers are required to use the Form I-9 to verify the identity and employment authorization of people hired for employment in the United States.  In July 2017, the US Citizenship and Immigration Services (“USCIS”) published a new version of the Form I-9 and starting on September 18, 2017, employers must only use the new Form I-9 or risk being subject to fines and penalties.

The new Form I-9 is available to employers on the USCIS website at https://www.uscis.gov/i-9.

What’s different about the new form?

  • The USCIS has revised the list of acceptable documents in List C of the Form I-9. This list now includes a new document called the Consular Report of Birth Abroad (Form FS-240).  This form is issued to certain people born overseas to a U.S. citizen.  This Form is now listed as acceptable documentation.
  • The USCIS has combined all the certifications of report of birth issued by the Department of State into one selection.  Therefore, the total number of separate List C categories are now 7 instead of 8.
  • The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices (“OSC”), the agency focused on preventing discrimination during the hiring process based upon employee’s citizenship, national origin or immigration status, has changed to the Immigrant and Employee Rights Section (“IER”).  Due to this name change, the new Form I-9 refers to IER instead of OSC.
  • In the instructions on the new Form I-9, USCIS has removed the phrase “the end of” from the phrase “the first day of employment.”  This change clarifies that the section 1 of the form must be completed when the employee starts work for pay, rather than by the end of the day.

If you have any questions about filling out this form or any of the changes, please contact your labor and employment lawyer for advice.


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