USCIS issues another version of Form I-9

July 24, 2017

Immigration Law Alert

Author(s): Samera Syeda Ludwig

USCIS has issued a new Form I-9, Employment Eligibility Verification, which employers must begin using no later than September 18, 2017.

On July 17, 2017, the United States Citizenship and Immigration Services (USCIS) issued another new version of Form I-9, Employment Eligibility Verification. Pursuant to the Immigration Reform and Control Act of 1986 (IRCA), employers are required to verify the identity and employment eligibility of all employees when they first start employment. The Form I-9 is used to document the verification of both identity and employment eligibility.

Form I-9 changes

The changes to the new version dated July 17, 2017, are not as substantive as the last November 14, 2016, iteration and only involve minor renumbering and renaming of documents and adding an additional document to List C in the List of Acceptable Documents.

Employer action items

What is important for employers to know about the latest version is that they must use the new form with the revision date of July 17, 2017, beginning September 18, 2017. (Until then, employers can use either the July 17, 2017, or the November 14, 2016, version.)

Failure to use the current Form I-9 will subject employers to fines in the event of a government audit. The best practice for employers is to begin using the latest version with the July 17, 2017, revision date going forward and discarding all other versions. The July 17, 2017, version is available online.

The changes to the Form I-9 have been updated in the Handbook for Employers: Guidance for Completing Form I-9.

E-Verify User Manual updated

USCIS also revised the E-Verify User Manual for its internet-based system that allows employers to determine eligibility of employees to work in the United States to include recent enhancements and policy updates. The manual is being touted as more user-friendly because of a new look on the computer screen and better organization of the information it contains.

The foregoing has been prepared for the general information of clients and friends of the firm. It is not meant to provide legal advice with respect to any specific matter and should not be acted upon without professional counsel. If you have any questions or require any further information regarding these or other related matters, please contact your regular Nixon Peabody LLP representative. This material may be considered advertising under certain rules of professional conduct.

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