Immigration Law Insights

Most employers have now implemented the use of the highly publicized, newly revised Form I-9 which United States Citizenship and Immigration Services (USCIS) mandated as the only acceptable Form I-9 version (rev 11/14/16) effective January 22, 2017. Another change is around the corner, however, and USCIS released another Form I-9 version on July 17, 2017. The newest version of Form I-9 must be used beginning September 18, 2017.

Initially, some thought the changes to the most recent version would pertain to a new Department of Homeland Security rule proposed by the Obama administration regarding the "parole" of certain foreign entrepreneurs who come to the U.S. to start or grow a business. Although this anticipated final rule was released on the same day as the new I-9 version, no changes related to this rule are evident on the latest version of the I-9 Form. Employers instead will find only two minor changes to the Instructions, as well as some changes to the List of Acceptable Documents. List C will look slightly different as USCIS has added the Consular Report of Birth Abroad (Form FS-240) to List C of Acceptable Documents and has updated the list order of most List C documents. Employers should carefully review the new Form I-9, Instructions, and List of Acceptable Documents to ensure their procedures conform to the newest updates.