On July 17, 2017 U.S. Citizenship and Immigration Services (USCIS) announced the availability of a new version of the Form I-9. The new version has a revision date of 07/17/17.
When Must the New Version of the Form I-9 be used?
September 18, 2017
What Versions of Form I-9 can be used from now through September 17?
Versions 11/14/16N and 07/17/17N. It will be useful to use the transition time to implement the use of the new form. Of course, USCIS has revised its website to remove the posting of the 11/14/16N version.
- What are the revisions to the instructions for the new Form I-9?
a. Updated the reference to the Department of Justice Office of Special Counsel for Immigration Related Unfair Employment Practices to its new name, Immigrant and Employee Rights (EIR) section.
b. Removed the phrase “end of” from the phrase “first day of employment” as to the deadline for the employee to complete and sign Section 1 of the Form I-9.
- What are the revisions to the new Form I-9?
a. List C in section 2 of the Form I-9 as to employment eligibility documents now includes the Consular Report of Birth Abroad (FS-240). This option has been added to the drop down menu of the interactive version of the Form I-9 as well as to E-Verify.
b. List C in section 2 of the Form I-9 now includes all versions the Consular Report of Birth Abroad into one selection (FS-545, DS-1350, and FS-240)
c. List C was renumbered. The renumbering did not affect the social security card option.
d. The changes were included in an updated version of the Handbook for Employers (M-274).
Is there a penalty for failing to use the correct version of the Form I-9?
Yes, the use of the wrong version of the form can be subject to penalty. The joint guidance memo published by the Departments of Justice and Homeland Security related to internal I-9 audits indicates that employers may correct the error of using the wrong form version by:
a. Stapling the outdated completed form to a blank current version and signing the current blank version noting why the current blank version is attached (e.g., wrong edition was used at time of hire); OR
b. Drafting an explanation and attaching it to the outdated completed Form I-9 explaining that the wrong form was filled out correctly and in good faith.
(I don’t know of any employer who has the time to do this, so using the correct version makes a lot of sense!)
This client alert is published by Dickinson Wright PLLC to inform our clients and friends of important developments in the field of immigration. The content is informational only and does not constitute legal or professional advice. We encourage you to consult a Dickinson Wright attorney if you have specific questions or concerns relating to any of the topics covered here.
DW Immigration: Global Mobility with a Personal Touch!
FOR MORE INFORMATION CONTACT:
Kathleen Campbell Walker is a Member in Dickinson Wright’s El Paso office. She can be reached at 915.541.9360 or email@example.com.
Elise S. Levasseur is a Member in Dickinson Wright’s Troy office. She can be reached at 248.433.7520 or firstname.lastname@example.org.
Christian S. Allen is Of Counsel in Dickinson Wright’s Troy office. He can be reached at 248.433.7299 or email@example.com.
Lisa D. Duran is a Member in Dickinson Wright’s Phoenix office. She can be reached at 602.285.5032 or firstname.lastname@example.org.
Suzanne K. Sukkar is Of Counsel in Dickinson Wright’s Ann Arbor office. She can be reached at 734.623.1694 or email@example.com.
Kevin J. Weber is a Partner in Dickinson Wright’s Toronto office. He can be reached at 416.367.0899 or firstname.lastname@example.org.
Heather L. Frayre is Of Counsel in Dickinson Wright’s El Paso office. She can be reached at 915.541.9370 or email@example.com.
If you would like a printable version of this immigration client alert, click here.
- April 12, 2018 In the News Kathleen Campbell Walker Authors Study on Effects of Eliminating NAFTA
- February 15, 2018 - February 16, 2018 Conferences 16th Annual Advanced Immigration Law Conference on February 15-16, 2018
- February 2018 Industry Alerts USCIS Announces a Valentine’s Day Credit Card Payment Option
- February 6, 2018 Media Mentions Attorney Kathleen Campbell Walker Authors Article on Immigration Compliance for Best Lawyers Legal Insights
- January 17, 2018 Industry Alerts Interagency Cooperation: Raising the Bar for Immigration Compliance
- January 16, 2018 Industry Alerts DACA Renewal Employer Advisory Alert: The C33 Category
- January 2018 Industry Alerts Rumored Changes To The H Visa Category
- October 2017 Industry Alerts President Trump’s Third, Indefinite Travel Ban Takes Blows from Courts
- October 2017 Industry Alerts What’s New in Immigration Law?