A new revised I-9 form has been published by the U.S. Citizenship and Immigration Services (USCIS). The form has been updated twice in less than one year and has a revision date of 07/17/17 N. Shared by CalChamber.com, Gail Cecchettini Whaley has brought this information to our attention in her recent article on what specific revisions have been made.

By September 18, 2017, employers must use only this new version (rev. 0/7/17/17 N). Until then, employers can continue using Form I-9 with a revision date of 11/14/16 N or use this new version.

The Instructions for Form I-9 and the Form I-9 Supplement have also been updated.

One change relates to the timing of when the Form I-9 must be completed. Previously, the form and instructions stated that the employee must complete Section 1 “by the end of the first day of employment.” Now, the USCIS has removed “the end” from the phrase, and the employee must complete Section 1 “by the first day of employment.”

According to the revised Handbook for Employers: Guidance for Completing Form I-9, the employee must complete Section 1 “at the time of hire (by the first day of their employment for pay).” Remember, employers cannot ask an individual to complete Section 1 before he/she has accepted a job offer.

According to the USCIS, revisions also include:

• A change to the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
• Revisions related to the list of acceptable documents on Form I-9:
  • Added the Consular Report of Birth Abroad (Form FS-240) to List C.
  • Combined all the 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 changed from List C #8 to List C #7.

The USCIS also included these changes in the revised Handbook for Employers: Guidance for Completing Form I-9 (M-274), which was also improved for ease of navigation.

Employers must continue following existing storage and retention rules for any previously completed Form I-9.

CalChamber added the new Form I-9 English and Spanish versions to the HRCalifornia website, along with the Instructions for Form I-9 (and Spanish) and the Form I-9 Supplement. All these forms are available for free.

CalChamber members can read more on I-9 Form: Verifying Eligibility in the HR Library. Not a member? See how CalChamber can help you.

Remember to download the new document and have it ready to use for the next time you plan to hire a new employee. If you have any additional questions and would like to speak with our payroll specialist concerning the updated I-9 form, you can contact us at 1 (310) 534-5577 or email us at [email protected]. We’d love to help you!

After spending nearly 20 years practicing employment law, Gail Cecchettini Whaley has joined the California Chamber of Commerce in June 2011 as employment law editor and staff counsel. Along with being chief author of the popular HRWatchdog blog and HRCalifornia Extra e-newsletter, Whaley is a contributor and editor for CalChamber’s various human resources compliance products.