United States: DHS to Update Form I-9 and Related Regulations

A new edition of the I-9 employment eligibility verification form will be released on July 17, 2017, but employers can continue to use the November 14, 2016 edition of the form through September 17, 2017. Effective July 17, employers can accept State Department Form FS-240, the Consular Report of Birth Abroad, as a List C document for verification of employment authorization.

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Jul 13, 2017
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USCIS today announced changes to the I-9 employment verification process:

  • A revised edition of Form I-9, Employment Eligibility Verification, dated July 17, 2017, will be published on Monday and will become mandatory for employers on September 18, 2017. Employers may continue to use the November 14, 2016 edition of the form through September 17.
  • Effective July 17, State Department Form FS-240, the Consular Report of Birth Abroad, will be an acceptable "List C" document for verification of  employment authorization. 

The USCIS employment verification regulations and the I-9 form and instructions will be updated to add the new List C document. USCIS is also expected to revise the I-9 employer handbook (M-274) to reflect the change.

In January of this year, DHS received Office of Management and Budget approval for a more extensive revision of Form I-9 to coincide with a regulation that would have allowed certain foreign entrepreneurs to apply for temporary parole and work authorization to manage start-up businesses in the United States. That regulation and the I-9 changes it would have necessitated have been postponed.

What This Means for Employers
In light of the new form and amended regulation, your organization must do the following:

  • Notify personnel responsible for I-9 verification that, effective July 17, State Department Form FS-240 can be accepted as a List C document to establish employment eligibility.
  • By September 18, 2017, make sure that the July 17, 2017 edition of Form I-9 is integrated into company employment verification systems and processes.

If you have any questions about Form I-9 verification, please contact the immigration professional with whom you work at Fragomen. This alert is for informational purposes only.

© 2017 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

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