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Employers Must Begin Using Revised Form I-9

As of September 18, 2017, all employers must use a revised version of Form I-9. To determine whether you are using the correct version of Form I-9, which is available here, ensure that “OMB No. 1615-0047” is displayed in the top right corner of the Form, and that the bottom left footer of the document displays “07/17/17 N” as the revision date.

U.S. Citizenship and Immigration Services (USCIS), which published the revisions, notes that there were few substantive changes to the revised Form I-9, and that its revisions were promulgated in an effort to ease compliance for employers. These changes include some subtle wording differences, renumbering List C documents, and simplifying the certification process for certain foreign nationals. Other important revisions include the following:

  • Employers completing Form I-9 electronically will be able to choose the newly added Consular Report of Birth Abroad Form FS-240, which is issued to certain employees born overseas to a U.S. citizen parent.
  • E-Verify employers will also have the option to select the Form FS-240.
  • List C will include Form FS-545, Form DS-1350, and Form FS-240 birth certificates in selection C#2.
  • The new Form also removes the phrase “the end of” from “the first day of employment” at Section 1. The change is most likely meant to remove any reference to a time of day, to ensure that Section 1 is completed no later than when the employee starts work for pay.

All employers should begin using the new version of Form I-9 immediately. Failure to do so can lead to significant fines, which were upwardly adjusted for inflation in February 2017 to a minimum of $220 and a maximum of $2,191 per recordkeeping error. If you have a question about Form I-9 compliance, feel free to contact one of our immigration attorneys by calling (501) 371-9999.