The newest version of Form I‑9 Employment Eligibility Verification was published on July 17, 2017, and will be mandatory beginning September 18. While employers are allowed to use the previous version (revision date 11/14/16N) through September 17, it is advisable to adopt the new version sooner rather than later. Employers must continue to follow existing storage and retention rules for previously completed I-9s.
The new I‑9 renumbers all List C documents besides the Social Security card and updates the list of acceptable documents for employees born abroad to U.S. citizens. While there were also minor changes to the form’s instructions, the following changes should be noted:
- 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 Sections 2 and 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.
- All 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.
The longstanding practice for correcting the use of an outdated version of Form I‑9 has not changed. The best way to correct this error is for the employer and employee to complete the current version of Form I‑9 and staple the previously completed Form I‑9 to the current version, along with a signed and dated explanation for the error.
If the employer is unable to have the employee complete the current version of Form I‑9, the employer should:
- Staple the outdated, but completed I‑9 to the current version;
- Sign the current Form I‑9; and
- Attach a signed and dated explanation of why the current version is attached.
In an era of increased enforcement, employers must be vigilant to avoid technical and substantive I‑9 errors. It is prudent to contact counsel and take corrective measures when Form I‑9 errors are discovered. If you have any questions regarding the new Form I‑9 Employment Eligibility Verification or any other immigration matter, please contact Michael Wooley or Angela Jenkins.