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Revised Form I-9 Published

We previously told you about the new Form I-9, Employment Eligibility Verification, that was issued in November 2016, required to be used beginning January 22, 2017. On July 17, 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, and employers will be required to use it starting September 18, 2017 or face civil penalties. Penalties for I-9 violations range from $216 to $2,156. Until then, employers can continue using the current version (dated 11/14/16 N) or they may use the new version.

Among other things, the revised version of Form I-9:

  • adds the Consular Report of Birth Abroad (Form FS-240) as a List C document

  • combines certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) into selection C#2 in List C

  • changes the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section

You can confirm that you are using the most up-to-date version by cross-checking the revisions date information on the bottom left corner of the Form I-9, which should indicate “Form I-9 07/17/17 N.”

Click here for more guidance on navigating the new Form I-9, in the Handbook for Employers: Guidance for Completing Form I-9 (M-274).

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About this Author

Jayde Ashford Brown, Andrews Kurth, management side labor litigation lawyer, employment matters attorney

Jayde Ashford Brown represents corporate clients in management-side labor and employment matters arising under federal and state law, including, but not limited to Title VII, the FLSA, the FMLA, the ADA, the ADEA, and workers compensation under Section 451 of the Texas Labor Code. In addition to litigation, Jayde counsels clients on best practices relating to hiring and termination decisions, employment policies and employee investigations, and the OFCCP and related AAP obligations for federal contractors and subcontractors. Jayde also prepares and negotiates separation...