On Aug 02 2017 by Andrew J. Zeltner

USCIS Releases Revised Form I-9

On Monday, July 17, 2017, USCIS released a revised Form I-9.

Employers may use the revised version (07/17/17 N) or continue using Form I-9 with a revision date of 11/14/16 N through September 17, 2017. In the meantime, the posting with version 11/14/16N has been removed from the USCIS website.

Starting on September 18, 2017, employers must use the revised form dated 07/17/17 N. The storage and retention rules remain the same for any previously completed Form I-9. The new form contains revisions including:

  • Consular Report of Birth Abroad (Form FS-240) was added to List C.
    • Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3.
    • E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9.
  • Combined the various 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.
  • Renumbered all List C documents except the Social Security card. For example, the employment authorization document issued by the Department of Homeland Security on List C will change from List C #8 to List C #7.

Using the incorrect version of the Form I-9 can subject an employer to penalties. The first line of defense against audits is maintaining complete and accurate I-9 forms. Regularly, we recommend that employers conduct I-9 “self-audits” in order to ensure that the I-9 process is being managed effectively. Klasko’s I-9 Compliance Team regularly assists companies with self-audits and responding to audits instituted by Immigration and Customs Enforcement.

Be sure to contact your Klasko Law attorney with any questions.