HR Compliance

New Form I-9 Released. Again.

By

Paycom Legal

| Jul 31, 2017

On July 17, the U.S. Citizenship and Immigration Services (USCIS) released a revised version of Form I-9, which is used to verify identity and employment authorization of workers and corresponding reference documents.

Didn’t USCIS just release a new I-9?

This is the second revision USCIS has made to the I-9 in less than a year; the last revision was released Nov. 14, 2016, for use by Jan. 14. USCIS first gave notice of this newest form in January, noting that changes would accommodate entrepreneurs granted work authorization through the International Entrepreneur (IE) Rule proposed by the Obama administration, which would enable qualified entrepreneurs to temporarily remain in the country through “parole” to oversee his or her start-up entity. This rule was set to go into effect on July 17 – the same day USCIS stated it would release the new Form I-9.

The Department of Homeland Security, however, announced on July 11 that it was delaying the implementation of the IE Rule from July 17 to March 14, 2018. Despite the delay, USCIS continued with its planned revision of the Form I-9. USCIS did not make changes specific to the IE Rule; rather, it used the new form to address a few other needed updates.

What changes were made?

Form I-9:

      • Form FS-240, the Consular Report of Birth Abroad, was added to the List C acceptable documents.
      • All certifications of report of birth issued by the Department of State were combined into selection C #2 in List C.
      • List C documents were renumbered.

Form I-9 Instructions:

      • Revisions were made to reflect the change in name from the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC) to the Immigrant and Employee Rights Section (IER).
      • “The end of” was removed from the phrase “the first day of employment” in connection with the Form I-9 timelines.

M-274, Handbook for Employees:

      • The handbook reflects the changes made to the Form I-9 and its instructions.
      • It is now delivered in online format, featuring an interactive table of contents to view sections individually or in one long page under the “print manual” button.
      • A “Table of Changes” was included to help readers locate updates.

A new Form I-9? Am I out of compliance?

While the revised version is available now, you still can use the Form I-9 with a revision date of “11/14/16 N” through Sept. 17. Afterward, all previous versions will be invalid and employers must use only the revised form with a revision date of “7/17/17 N.”

Paycom is dedicated to compliance and will have its Documents and Checklists tool updated with the new Form I-9 before Sept. 18. Click here for more information.

Learn more about how we can help reduce your administrative burden with Form I-9 regulations by downloading our How Document Management Systems Advance HR Functions white paper.