On July 17, United States Citizenship and Immigration Services (USCIS) released revised versions of Form I-9, Employment Eligibility Verification, and its instructions [USCIS, What’s New, Revised Form I-9 Now Available, 7-17-17].
Up until September 17, employers may use the revised version or continue using the previous Form I-9 (Rev. 11/14/16 N). On September 18, employers must use the revised form (Rev. 07/17/17 N). The revised form and instructions are available on USCIS’s website.
Updates to the instructions include:
- The reference to the U.S. Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices has been updated to reflect the office’s new name, Immigrant and Employee Rights Section.
- Where the instructions stated that certain actions had to be completed no later than “the end of the first day of employment,” the words “the end of” have been removed.
List C Document Updates
Updates to the List C Document include:
- Form FS-240, The Consular Report of Birth Abroad, has been added to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
- All state department issued certifications of report of birth (Form FS-545, Form DS-1350 and Form FS-240) have been included in selection C #2 in List C.
- All List C documents except the social security card have been renumbered.
Next Revision Expected March 2018
On July 11, USCIS published a notice in the Federal Register delaying the effective date of the changes involving the new entrepreneur parole rule to March 14, 2018 [F.R. 31887, 7-11-17; (see PAYROLL CURRENTLY, Issue No. 7, Vol. 25)]. On or before that date, USCIS expects to release an updated version of the Form I-9 to accommodate changes made by the entrepreneur parole rule. The updates will include changes to the description of certain List A documents. The terms “nonimmigrant alien” and “alien’s nonimmigrant” will be replaced by “individual,” and in List A item 5.(b)(2) the words “or parole” will be added after “status.”
Pay News Now will continue to monitor any updates to the Form I-9 and Instructions.