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On July 17, 2017, U.S. Citizenship and Immigration Services (USCIS) issued a new version of the Form I-9, Employment Eligibility Verification. Changes to the Form I-9 instructions are fairly minimal and include:
- The Department of Justice "Office of Special Counsel for Immigration-Related Unfair Employment Practices" is now called the "Immigrant and Employee Rights Section.”
- The words “the end of” have been removed from the phrase “the first day of employment” in the description of the day on which the Form I-9 completion is required.
The USCIS also made the following revisions to List C of the List of Acceptable Documents:
- The Consular Report of Birth Abroad (Form FS-240) was added.
- The certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FW-240) were combined into List C number 2.
- All documents in List C were renumbered except for the Social Security Card.
Through September 17, employers may use the new form (rev. 07/17/17 N) or the prior form (rev. 11/14/16 N). The new form must be used beginning on September 18, 2017. There is no reason to wait to start using the new form, which can be downloaded from www.uscis.gov/i-9.
If you have any questions about the new I-9 form or your obligations under the employment verification laws, please contact the attorneys in our Employment & Labor Practice Group.