Each version of the Form I-9 is often identified by the revision date in the lower right hand corner of page. The new version of the Form I-9 displays the date “07/17/2017 N”.
The new Form I-9 changes fall into one of the following categories:
- A new document has been added to the List C Document category
- A few minor changes have been made to the Form I-9 instructions page.
The sections that follow provide additional details and screenshots of the most impactful changes.
New List C Document
The list of acceptable List C document has been updated. Specifically, a new List C Document entitled “Consular Report of Birth Abroad (Form FS-240)” has been added to the List C Document Category.
A new document option for the Consular Report of Birth Abroad (Form FS-240) will appear in the List C Document section of the Document Selector that is displayed in Section 2 and Section 3 (see below).
The Consular Report of Birth Abroad (FS-240) is issued to a U.S. citizen child born abroad. As such, the FS-240 is only issued to U.S. Citizens and Noncitizen Nationals. The FS-240 is issued by the Department of State and does not have an expiration date.
Form I-9 Instruction Changes
Two changes were made to the Form I-9 instructions. Specifically, the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has changed to its new name, Immigrant and Employee Rights Section. Also, the language “the end of” was removed from the phrase “the first day of employment,” which appears on pages 2, 5 and 6 (click here to view the updated instructions.) These content changes do not change the Form I-9 workflow or the rules that define how to complete it.
Q: Is there any action that I need to take in the Tracker system to enable the new Form I-9 for use?
A: No. The Tracker I-9 Complete TM application will automatically display the new version of the Form I-9 for every new Form I-9 created in the system immediately after the system is upgraded.
Q: The system will continue to create new Forms I-9 using the “Rev. 11/14/2016” version until the system is upgraded. What will happen to those Form I-9s that I create before the upgrade, but do not complete until after the upgrade?
A: All Form I-9s created in Tracker I-9 Complete TM persist in the version that they were originally created in for the lifetime of the form. For example, a Form I-9 created the day before the upgrade will use the “Rev. 11/14/2016 N” version. After the upgrade, this Form I-9 will continue to use the “Rev. 11/14/2016 N” version.
Q: What important aspects of the Form I-9 have not changed?
A: Many of the rules and guidelines for how to complete the Form I-9 remain the same. Here are a few noteworthy examples:
- The Section 1, Section 2, and Section 3 deadlines remain the same.
- The retention rules that define how long an employer is required to keep the Form I-9 on file are unchanged.
- The changes to the new Form I-9 should not impact the E-Verify process.
Q: How long will employers have before they must adopt a new version of the Form I-9?
A: USCIS announced that employers may continue using the version of Form I-9 with a revision date of “11/14/2016 N” until September 17, 2017. The new version of the Form I-9 with a revision date of “07/17/2017 N” must be used for all new hires on September 18, 2017. Accordingly, support for the new 07/17/2017 N version of the Form I-9 will be implemented in a new release of the Tracker I-9 Complete solution no later than September 17, 2017.
Last updated: September 13, 2017