USCIS Releases New Form I-9, Effective Today

Close-up of an immigration form and #2 sharp pencil

Photo Credit: istock.com/alexskopje

By Benjamin Lau and Frida Glucoft

On January 31, 2020, the USCIS issued a new Form I-9, Employment Eligibility Verification with edition date 10/21/2019. The form is effective immediately. The new Form I-9 is available on the USCIS website at https://www.uscis.gov/i-9.

The form includes the following updates:

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. 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.
  • 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.

Revisions to the Form I-9 instructions:

  • Changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
  • Removed “the end of” from the phrase “the first day of employment.”

USCIS also released a revised “Handbook for Employers: Guidance for Completing Form I-9” which includes the above changes.  The revised handbook can be found at https://www.uscis.gov/i-9-central/handbook-employers-m-274.

Forms I-9 must be completed for every new hire pursuant to section 274 of the Immigration and Nationality Act. It is critical that employers prepare and retain a new Form I-9 for every new hire within three (3) days of hire.

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