On July 17, 2017, USCIS released a revised version of Form I-9, Employment Eligibility Verification. Employers may continue to use the previous version (the one with a revision date of 11/14/16) until September 17, 2017, but must ensure they begin using the revised form with a revision date of 07/17/17 on September 18, 2017. Employers must also continue following existing storage and retention rules for any previously completed Form I-9. The latest revisions to Form I-9 primarily impact the form instructions and the List of Acceptable Documents, which now includes Consular Report of Birth Abroad in List C, improvements to the drop-down list of documents reporting birth issued by the Department of State, and renumbering List C documents. These changes are also reflected in the M-274 Handbook for Employers: Guidance for Completing Form I-9, which USCIS describes as "easier for users to navigate."
Employers should be aware that under Department of Homeland Security ("DHS") rules, if non immigrant's employment authorization is due to expire, employers must re-verify their Form I-9 no later than the date of expiration of their current employment authorization to reflect the individual is still work-authorized in the U.S. in order to continue his or her employment. Form I-9 is notoriously a difficult form to execute correctly yet can result in hefty penalties when completed improperly. Iandoli Desai & Cronin offers internal I-9 Audits and training sessions to ensure your company is compliant. If you would like more information and/or have questions concerning I-9 procedures and enforcement actions, please contact the attorneys at Iandoli Desai & Cronin at email@example.com.