Trump Administration Issues New Form I-9

July 17, 2017 | Henry M. Mascia | Corporate

Today the United States Citizenship and Immigration Services Issued a new version of the Form I-9, which employers must use to document their efforts to verify the identity and employment eligibility of its employees. The new version of the Form I-9 can be found here https://www.uscis.gov/i-9.

Employers must begin using the new version of the Form I-9 when verifying the identity and employment authorization of employees hired after September 18, 2017.

This version of the Form I-9 is most notable for what it does not do. The Obama administration scheduled this update to the Form I-9 to implement its proposed International Entrepreneur Rule, which allows foreign nationals investing in a new U.S. company to have greater latitude to enter the United States. To implement the rule, this new version of the Form I-9 would have designated the entrepreneur’s foreign passport and Arrival/Departure Record (Form I-94) as acceptable evidence of employment authorization.

The Trump administration delayed implementation of the International Entrepreneur Rule, but nevertheless permitted the publication of a new version of the Form I-9. As a consequence, most of the changes to the Form I-9 are technical and of no consequence to employers. For example, the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been changed to its new name, Immigrant and Employee Rights Section.

The most significant change is the addition of the Consular Report of Birth Abroad (Form FS-240) to the list of documents that establish employment authorization, sometimes referred to as “List C documents.” The electronic version of the Form I-9 will be updated so that employers can select Form FS-240 from the drop-down menus in Section 2 and Section 3.

Although the revisions are technical, employers must begin using the new version of the Form I-9 when verifying the identity and employment authorization of employees hired on or after September 18, 2017.

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