USCIS Releases New Revised Form I-9 

In November 2016, United States Citizenship and Immigration Service (USCIS) issued a revised version of Form I-9, Employment Eligibility Verification. The most significant change was to make the form easier to complete and print using a computer. Now, on July 17, 2017, USCIS has introduced yet another revised Form I-9, along with new instructions and supplements in both English and Spanish. 

The New Form 

The new I-9 form is dated 07/17/17 in the lower left corner, and it replaces a version dated 11/14/2016. Following a two-month grace period, you must start using the new I-9 by Sept. 18. 

This new interactive PDF still contains all the “smart I-9” features that were unveiled earlier this year to help employers reduce errors and complete the form more easily. The only changes to this new version are a few minor changes to acceptable documents and other technical changes. Employers must continue following existing storage and retention rules for any previously completed Form I-9.

Important Information


  • The revised version may be used immediately, but it must be used no later than September 18, 2017.
  • Employers can continue using Form I-9 with a revision date of 11/14/16 N through September 17, 2017.
  • Employers must continue following existing storage and retention rules for any previously completed Form I-9.
  • Employers must continue following existing storage and retention rules for any previously completed Form I-9.

The changes below also can be found in the newly revised Handbook for Employers: Guidance for Completing Form I-9 (M-274).

Revisions to Form I-9 Instructions

 

The revisions to the form relate to USCIS's List of Acceptable Documents and specifically update List C to reflect the most current version of the certification or report of birth issued by the U.S. State Department.

Employers completing the Form I-9 on a computer will be able to select the newly added Consular Report of Birth Abroad Form FS-240, which is issued to certain employees born overseas to a U.S. citizen parent. 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 employment eligibility verification.

  • The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) has been changed. Its new name is Immigrant and Employee Rights Section (IER).
  • The instructions on Section 2 have been slightly changed to read: “Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee’s first day of employment.”

Revisions Related to the List of Acceptable Documents on Form I-9


  • The Consular Report of Birth Abroad (Form FS-240) was added as a List C document.
  • All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) have been combined into selection C #2 in List C.
  • The List C documents have been renumbered, except for the Social Security card, which remains #1 on the list. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.

Consequences


Last year the Immigration and Customs Enforcement (ICE) announced an increase in fine for all I-9 Form violations. Now the fines look like this:

  • For any simple I-9 Form violations: the minimum fine increased from $110 to $216 and the maximum fine increased from $1,100 to $2,156. That is per violation.
  • The Unlawful Employment of Unauthorized Workers’ fine also increased; the minimum fine went from $375 to $539, while the maximum increased from $3,200 to $4,313. That is per worker.
  • The Unfair Immigration-Related Employment Practices’ minimum penalty has increased from $375 to $445, and the maximum penalty increased from $3,200 to $3,563. That is per charge. Also, repeat offenders now face the new maximum penalty of $21,563. 

Switch Over to the New Form Now


Although you will be able to use this new version or continue using the previous Form I-9 through September 17, it makes sense to scrap the use of the November 2016 version and begin using the updated version right away. You should recycle all older versions you already have printed out, and instruct your hiring managers and human resources representatives to download the new version of the form for use with new hires from this point forward.

Although the changes to the Form I-9 are minimal, failure to comply by the Sept. 18 deadline can result in significant fines. Immigration and Customs Enforcement announced increases in fines for Form I-9 violations last year. It is important to ensure that people in your organization aware that a new version exists, particularly for those employers who are still completing the I-9 on paper.

If you have any questions you can contact your CharterSAFE HR Specialist, Sharon Stull at sstull@chartersafe.org or at 818-465-8710.
 
 
 
    
Your HR Specialist is:

Sharon K. Stull
J.D., SPHR-CA
See Sharon's Bio
Main: 818.394.6559
Direct: 818.394.6544
Fax: 916.720.0324

sstull@chartersafe.org