August 1, 2017

Employers Must Begin Using Updated I-9 Forms by September 18, 2017

BY: Jonathan Judge, Maribel Hernandez

Late last year, the United States Citizenship and Immigration Services (“USCIS”) issued a final rule revising Form I-9 and the list of documents that are acceptable to verify identity and employment authorization.  Beginning September 18, 2017, all employers must use the revised I-9 Form dated “7/17/2017 N” for new hires or rehires.  The new Forms, Instructions, and related documents may be obtained here: [www.uscis.gov/i-9].

Below is the list of notable revisions:

  1. Employers will be able to use the “7/17/2017” version or continue using Form I-9 with the revision date of “11/14/16” through September 17, 2017.  However, beginning September 18, 2017, the only acceptable I-9 Form is the revised form dated 7/17/2017.  Employers are not required to update existing employees’ I-9 Forms.
  2.  An electronic version of the I-9 Form was created to facilitate completion and reduce errors.  It includes drop-down menus, pop-up boxes, and on-screen instructions.  Employers may still choose to manually complete the I-9 Form.  Either version must be signed and retained by the employer.
  3. The new I-9 Form clarifies that employees must fill out an I-9 Form “by the first day of employment,” to demonstrate their identity and eligibility to work in the United States.  Employees are still given three business days from their hire date (not including the day they start work) to provide original, unexpired documentation to support their I-9 responses.
  4. The instructions for Form I-9 are more detailed and are separate from the Form itself.
  5. List C of the I-9 Form now has seven rather than eight options resulting from a combination of two separate categories of certification of report of birth issued by the U.S. State Department.
  6. Section 1 of the I-9 Form permits employees to use a post office box as an address and provides additional space for Other Last Names Used.
  7. Section 2 of the I-9 Form also provides additional space (“additional information”) to comment on any documents being submitted.

Although the changes to the Form I-9 are minimal, failure to use the new form by the September 18, 2017 deadline can result in significant fines.  Consequently, it is important that all personnel responsible for completing the Form I-9 are trained on the new form requirements.  For more information concerning the revised I-9 Form, please contact one of the authors or attorneys in the Private Labor and Employment Group.

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Attorney Bio(s)

jjudge

Jonathan Judge

Partner

562-653-3200

jjudge@aalrr.com

Jonathan Judge is a partner in the Cerritos office of Atkinson, Andelson, Loya, Ruud & Romo. He advises employers in labor and employment law and various employment litigation matters, including drug testing, mass layoffs, disparate impact analysis, WARN Act, trade secrets, privacy, technology in the workplace, piece rate compensation, municipal and state sick leave, local, state and federal minimum wage law, and the Patient Protection and Affordable Care Act.

full bio

Maribel Hernandez

Maribel Hernandez

Senior Associate

562-653-3200

M.Hernandez@aalrr.com

Maribel Hernandez is a Senior Associate in the Cerritos office of Atkinson, Andelson, Loya, Ruud & Romo. She represents management and employers in a wide range of employment-related matters, including cases involving discrimination, harassment, retaliation, wrongful termination, and wage and hour claims before state and federal courts, arbitrations, mediations, the Department of Fair Employment and Housing, the Equal Employment Opportunity Commission, and the Division of Labor Standards Enforcement.

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