“Remember to Start Using New Form I-9 on Sept. 18”


“Employers are required to use the new version of the Form I-9…beginning Sept. 18.

“U.S. Citizenship and Immigration Services…first published the form in July. It has an expiration date of Aug. 31, 2019, and applies to new hires only. Employers should not complete new forms for current employees. Current storage and retention rules have not changed.

“‘The new version brings very subtle changes to the form's instructions and [adds to] the list of acceptable documents,’ said Davis Bae, managing partner of the Seattle office of law firm Fisher Phillips. ‘Besides changing the wording on the form in almost imperceptible ways, the new version renumbers all List C documents except the Social Security card and streamlines the certification process for certain foreign nationals.’

“The revisions to the form are confined 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 can now select the newly added Consular Report of Birth Abroad Form FS-240, which is issued to certain individuals born overseas to a U.S. citizen. E-Verify users are able to select Form FS-240 when creating a case for an employee who has presented this document for employment eligibility verification. 

“…All birth certificates issued by the State Department (Form FS-545, Form DS-1350 and Form FS-240) are now compiled into selection C#2 in List C.

“The new form also modifies the form's instructions by removing ‘the end of’ from the phrase ‘the first day of employment’ in reference to completing Section 1. 

“…The last change is a revision of the name of the Department of Justice's Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, the Immigrant and Employee Rights Section.

“A new 15-page set of instructions is available for the form, and an updated Handbook for Employers, a valuable resource for those handling Form I-9 issues, is available on the USCIS website.

“Although the changes to the Form I-9 are minimal, failure to use the new form can result in significant fines.”

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