Labor & Employment Law Update

On July 17, 2017, the United States Citizen and Immigration Services (USCIS) announced the release of a new version of the Form I-9, version 07/17/17 N.  This new version of the Form I-9 does not have sweeping substantive changes like the current form issued in November 2016. In fact, the changes are primarily re-naming and re-numbering.

The one key thing employers must be aware of is that the issuance of the new version of the Form I-9 impacts what version an employer may use going forward. According to the USCIS press release, until September 17, 2017, employers can use either: (1) Form I-9 revised version (07/17/17 N) or (2) Form I-9 with a revision date of 11/14/16 N. On Sept. 18, 2017 employers must use the revised form with a revision date of 07/17/17N and no other versions of the form will be acceptable for newly completed Form I-9’s as of that date.

The issuance of a new form I-9 DOES NOT mean that employers must redo all previously completed Form I-9’s. As stated, this new version will be used on a going-forward-basis no later than September 18, 2017.

A copy of the new Form I-9 can be found on the USCIS website.

USCIS has also updated that Handbook for Employers (M-274) which provides guidance for completing for Form I-9. A copy of the most recent M-274 can also be found on the USCIS website.

Employers should ensure that those responsible at their company for completing the Form I-9 have a copy of the correct version.