Late yesterday, the
United States Citizenship and Immigration Services (USCIS) announced that it would release a new
Form I-9 and accompanying instruction handbook (
M-274) on July 17th. The release of the new Form comes on the heels of the current I-9, which just took effect on January 22nd. Employers will only have until September 17th to implement the updated Form I-9.
The significant changes to the I-9 are not within the Form itself, but within the
Lists of Acceptable Documents. List C is getting a major overhaul, with every item being affected except for the social security card. This is due to the addition of a new acceptable document: the Consular Report of Birth Abroad (Form FS-240). Previously, employers were only able to accept Forms FS-545 and DS-1350 for Form I-9 purposes. Employers will need to re-familiarize themselves with List C to ensure proper Form I-9 completion, as well as continued non-discriminatory hiring practices.
Starting September 18th, employers will face fines and penalties for continuing to use older versions of the Form.
I-9 Audits are on the rise, and employers can expect audits will continue to increase to ensure employers are using the new Form as mandated. Non-compliant companies will be subject to the current
U.S. Department of Justice increased fee schedule, which was previously discussed in our
August 23rd bLAWg post. Employers are encouraged to seek I-9 training to verify Forms are being properly completed and maintained. Internal audits can also help to reduce fines before the government auditor comes knocking.