September 20, 2017

September 20, 2017

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September 19, 2017

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September 18, 2017

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New Form I-9 Required Starting September 18, 2017

United States Citizenship and Immigration Services (USCIS) once again issued a new Form I-9. Employers will be required to use the new version of the Form (dated 07/17/17) starting September 18, 2017. The new Form is available at: https://www.uscis.gov/i-9. Employers may continue using the prior version of the Form (dated 11/14/2016) for new hires until September 18, 2017. The new Form applies to new hires only; employers should not complete new Forms I-9 for current employees.

The new Form I-9 includes only minor changes, as outlined below:

  • A Consular Report of Birth Abroad (Form FS-240) is now listed as an acceptable List C document.

  • All certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) are combined within selection C #2 in List C.

  • The Form reflects the Office of Special Counsel for Immigration-Related Unfair Employment Practices’ new name, Immigrant and Employee Rights Section.

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

Given the increased enforcement of immigration-related laws this year, employers should use particular care when handling Form I-9 and other immigration-related employment processes and practices. Annual internal Form I-9 audits and periodic 3rd party Form I-9 audits by qualified professionals are recommended. Many mistakes discovered during an audit can and should be corrected. 

© MICHAEL BEST & FRIEDRICH LLP

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About this Author

Kelly M. Fortier, Michael Best Law Firm, Business immigration, Attorney
Partner

Kelly helps employers of all sizes meet their staffing needs by handling the immigration issues they face in hiring foreign nationals and moving employees around the globe.

A partner in the firm’s Labor and Employment Relations practice group and Co-chair of the Immigration and International Migration team, she handles compliance issues for corporations that transfer dozens of employees into and out of the United States each year as well as small companies seeking to bring in a few key hires from abroad.

Kelly is highly...

414-277-3460
Jose Olivieri, Michael Best Law Firm, Higher Education, Labor and Immigration Attorney
Partner, Industry Group Chair

José is the founder and co-chair of Michael Best’s immigration law practice. Clients depend on his deep knowledge of and experience with U.S. immigration law and employment-based immigration matters, including:

  • Immigration status

  • Permanent labor certification

  • National interest waiver

  • Adjustment of status

  • Consular processing

  • Citizenship and naturalization

  • I-9 compliance

José leads the firm’s Higher Education Industry Group and counsels colleges and universities on issues including governance, Title IX, student discipline, and labor contract administration.

414-225-4967
Kelly Rourke, Michael Best Law Firm, Immigration and Employment Attorney
Associate

Kelly assists employers with administrative law matters, focusing her practice primarily on employment-based immigration.

She regularly helps clients meet critical staffing needs by obtaining nonimmigrant status for foreign workers and securing and maintaining legal permanent residence for foreign nationals. To this end, she handles an array of nonimmigrant petitions, applications for labor certification, adjustment of status and naturalization filings, consular processing matters, motions to reopen, and motions to reconsider. She also...

414-347-4741