On January 31, 2020, the USCIS issued a new Form I-9, Employment Eligibility Verification with edition date 10/21/2019. The form is effective immediately. The new Form I-9 is available on the USCIS website at https://www.uscis.gov/i-9.
The form includes the following updates:
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 Sections 2 and 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. For example, the employment authorization document issued by the Department of Homeland Security on List C changed from List C #8 to List C #7.
Revisions to the Form I-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.”
USCIS also released a revised “Handbook for Employers: Guidance for Completing Form I-9” which includes the above changes. The revised handbook can be found at https://www.uscis.gov/i-9-central/handbook-employers-m-274.
Forms I-9 must be completed for every new hire pursuant to section 274 of the Immigration and Nationality Act. It is critical that employers prepare and retain a new Form I-9 for every new hire within three (3) days of hire.