A new I-9 form was published by U.S. Citizenship and Immigration Services on July 17, 2017. This will replace the most recently revised I-9 form from November 2016. Employers must use the new form, with a revision date of 07/17/17 N, beginning on September 18, 2017. The revision date is located in the bottom left corner of the form; it is NOT the expiration date at the top.
The current Form I-9 version (revision date of Rev. 11/14/16 N) will be valid until September 17, 2017. After that point, all employers must switch to the newly revised form.
What is an I-9 form?
I-9 forms are used to verify the identity and employment eligibility of individuals hired for employment in the United States (whether a citizen or noncitizen). Employers must complete a Form I-9 for every new hire. Typically, they are only used when the federal government is conducting an enforcement audit by Immigration and Customs Enforcement (ICE). Employers must keep I-9 forms on file for all employees, and must be stored for three years after the date of hire or for one year after employment is terminated (whichever is later).
2017 I-9 Form Changes
The July 2017 form changes are important, but minimal in scope:
- Combines list of acceptable birth certificates (Form FS-545, Form DS-1350, and Form FS-240) into choice C#2 in List C
- All List C documents were renumbered except the Social Security Card
- Added Form FS-240 (Consular Report of Birth Abroad) to Sections 2 and 3 of List C
- Minor changes to form instructions
- Renames the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices to Immigrant and Employee Rights Section, its new name
What do employers need to do?
While the July 2017 changes are subtle, employers that fail to comply by the new deadline could be fined. Employers should be aware of the new form and new dates and should use the transition period to make sure their companies have compliant I-9 programs in place, including proper and consistent I-9 documentation and storage. They do not have to correct or replace any I-9 forms completed before the deadline.