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Employers Must Use Updated I-9 Form No Later than September 18, 2017

In July, United States Citizenship and Immigration Services (USCIS) published a revised Form I-9 for employers to use. Employers must use the new form beginning no later than September 18, 2017.

Among the more notable changes to the form is the addition of Form FS-240 (Consular Report of Birth Abroad) to List C of acceptable documents.

The revised form does not change an employer’s obligation to collect or retain I-9 Forms from every employee. Specifically:

  • Employers must complete the form to document verification of the identity and employment authorization of every new employee (both citizen and noncitizen) hired after November 6, 1986 to work in the United States.
  • The form must be completed and documents presented and verified within 3 business days of a new employee starting work for pay.  However, if the employee is hired to work for less than 3 business days, then the form must be completed and documents presented and verified no later than the first day of employment.
  • Once an individual’s employment ends, employers must retain the I-9 Form and any photocopies of documentation presented by the employee that may have been made for either 3 years after the date of hire (i.e., first day of work for pay) or 1 year after the date of employment ended, whichever is later.

The updated I-9 form (revision date July 17, 2017) may be downloaded here.