July 31, 2017
Authored by: BCLP at Work
A new I-9 Form has been issued by the United States Citizenship and Immigration Services (USCIS).
Revisions include the following:
- The Office of Special Counsel for Immigration-Related Unfair Employment Practices is now known as the Immigrant and Employee Rights (IER) Section of the Department of Justice’s Civil Rights Division. This section is responsible for enforcing the anti-discrimination provisions governing Form I-9 and the E-Verify database.
- The List of Acceptable Documents now includes the Consular Report of Birth Abroad (FS-240), which is issued by the Department of State to employees born overseas to a US citizen parent. This document is now included in List C, #2, alongside the certifications of report of birth issued by the Department of State (FS-545 and DS-1350).
- USCIS has amended language in the I-9 instructions which directs new hires to complete and sign Section 1 “no later than the first day of employment,” rather than “no later than the end of the first day of employment.” This effectively eliminates a specific time by which Section 1 must be completed; consequently, employers should ensure that Section 1 is completed as soon as an employee begins work for pay.
The revisions are relatively minor, but it is vital that beginning September 18, 2017, all employers use the revised form to verify employee eligibility. Form I-9 Paperwork Violations can result in fines ranging from $216 to $2,126.
Bryan Cave LLP has a team of knowledgeable lawyers and other professionals prepared to help employers assess their Form I-9 paperwork. If you or your organization would like more information on I-9 employment laws, please contact an attorney in the Labor and Employment practice group.