USCIS has released a new version of Form I-9, https://www.uscis.gov/i-9-central/whats-new. This new version of the form can be used now, or employers can continue using Form I-9 with a revision date of 11/14/16 for the next couple of months. 

Starting on September 18, 2017, the new version of the form (which contains a revision date of 07/17/17 N) will be mandatory. This means employers must start using the new version of Form I-9 for employees hired on or after September 18. Employers are not required to go back and replace any forms completed for employees hired prior to that date.

The new form contains just a few changes, outlined below. Although the changes are minor, it is critical that employers start using the new version on or before September 18, as failure to use the correct form version can result in significant fines.

  • The List of Acceptable Documents was changed to:
    • Add the Consular Report of Birth Abroad (Form FS-240) to List C. 
    • Combine 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.
    • Renumber the List C documents.
  • The  Form I-9 instructions were revised to:
    • Change the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section.
    • Remove “the end of” from the phrase “the first day of employment,” which makes the language consistent with the regulation.
  • These changes are also reflected in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274).