DHS Releases New Form I-9

The U.S. Department of Homeland Security (DHS) has released a revised version of the employment eligibility verification form (I-9 form). Employers may start using the new I-9 now, and must use it beginning September 18, 2017.

Background on Form I-9

U.S. employers and workers are likely familiar with the I-9, which must be completed when a new employee begins work, in addition to certain other circumstances. The form establishes that an employee has presented the employer with sufficient evidence of her/his identity and employment authorization. More details on the I-9 process are available in the MurthyDotCom NewsBrief, Form I-9 Compliance for H1B Employers (11.May.2017).

Must Use New Form I-9 Starting 18.Sep.2017

As with most government forms, the I-9 is revised periodically and a new version is released. The new I-9 was released on July 17, 2017, and may be used effective immediately. As explained in the related DHS press release, employers may continue to use the November 14, 2016 version of the I-9 through September 17, 2017. Beginning September 18, 2017, employers must use the new version.

Minor Changes to Form I-9

The new I-9 and accompanying instructions include only minor changes. The most substantive change is the addition of the form FS-240 “consular report of birth abroad” to the list of acceptable documents establishing work authorization in list C. List C documents are those that are acceptable solely to prove work authorization in the United States.

Conclusion

Employers should be aware of the new form I-9 and the requirement that it must be used beginning September 18, 2017. As explained in the MurthyDotCom NewsBrief, Staffing Company Fined $276,000 for I-9 Violations (17.Jul.2017), failure to properly adhere to the rules related to the I-9 process may result in harsh penalties. Employers who have questions regarding the completion and retention requirements for the I-9 may refer to the Handbook for Employers M-274, or consult with a knowledgeable attorney at the Murthy Law Firm.

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