By Kathryn Lease Simpson
Starting on September 18, 2017, all employers will be required to have completed a new I-9 Form for every NEW employee. However, you can start using the new form immediately. Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States.
Form I-9 is used for verifying the identity and employment authorization of individuals hired for employment in the United States. All U.S. employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States. This includes citizens and noncitizens. Both employees and employers (or authorized representatives of the employer) must complete the form. On the form, an employee must attest to his or her employment authorization. The employee must also present his or her employer with acceptable documents evidencing identity and employment authorization. The employer must examine the employment eligibility and identity document(s) an employee presents to determine whether the document(s) reasonably appear to be genuine and to relate to the employee and record the document information on the Form I-9. The list of acceptable documents can be found on the last page of the form. Employers must retain Form I-9 for a designated period and make it available for inspection by authorized government officers. NOTE: Some agricultural recruiters and referrers for a fee may be required to use Form I-9.
What are the changes? The instructions have changed in this way:
1.) The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices is changed to its new name, Immigrant and Employee Rights Section.
2.) The words "the end of" have been removed from the phrase "the first day of employment." This means the Form I-9 MUST be completed BEFORE the new employee starts work.
The list of acceptable documents has changed:
1.) The Consular Report of Birth Abroad (Form FS-240) has been 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.
2.) The certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) have been combined into selection C#2 in List C.
3.) All List C documents have been renumbered 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.
These changes are included in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which is also easier for users to navigate.