Employers Must Use Revised Form I-9 Beginning September 18, 2017

The U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9 on July 17, 2017. Form I-9 is used to verify the identity and employment authorization for each individual hired for employment in the U.S. All U.S. employers must complete a Form I-9 for every individual hired. The revised form is currently available; however, employers may continue to use the prior Form I-9 until September 17, 2017. On September 18, 2017, employers must use the revised form.

The Revisions

The changes to the form can be found in the list of acceptable documents. Specifically, the revisions are as follows:

• The Consular Report of Birth Abroad (Form FS-240) was added to List C as a document that establishes employment authorization;
• All of the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) were combined into one selection on List C; and
• All List C documents have been renumbered except the Social Security card.

The USCIS also revised the Form I-9 instructions to remove "the end of" from the phrase "the first day of employment." Now the instructions read that: (1) Section 1 must be completed and signed no later than the first day of employment, (2) if an individual is hired for less than three business days, they must present documentation no later than the first day of employment, and (3) if an individual is hired for less than three business days, Section 2 must be completed no later than the first day of employment.

Employer Compliance

Employers must begin using the revised form on September 18, 2017. To ensure the correct form is used, check the revision date printed on the bottom left corner of the form. Currently, only two revision dates are valid: Rev. 7/17/2017 N and 11/14/2016 N.

As of September 18, 2017, employers should only be using forms with a revision date of Rev. 7/17/2017 N.

For more information on the revised Form I-9 or for instructions on how to complete Form I-9, employers can visit https://www.uscis.gov/i-9-central. If employers have questions about the revised Form I-9, or compliance with the September 18, 2017 deadline, please contact the Lewis Roca Rothgerber Christie LLP labor and employment team.

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