I-9 Changes and Consequences of Noncompliance

By now you probably already heard that the U.S. Citizenship and Immigration Services (USCIS) published a new version of the Form I-9.  Beginning on September 18, 2017, employers are required to start using the revised form with a revision date of 07/17/17 N and continue to follow existing storage and retention rules for any previously completed Form I-9.  While the changes are subtle, failure to comply by the September 18 deadline, or the Immigration and Nationality Act (INA) in general, can be costly to your bottom line.  This was recently illustrated in the case DLS Precision Fab LLC v. U.S. Immigration & Customs Enforcement, 2017 WL 3378997.
 
I-9 Changes Overview[1]:
 
Revisions to the Form 1-9 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.”     

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 Section 2 and Section 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. 

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