03 August 2017

USCIS Issues Revised Form I-9

The U.S. Citizenship and Immigration Service released a revised Form I-9, Employment Eligibility Verification, on July 17, 2017. On the surface, the revisions to the new I-9 are minimal:

  • The Office of Special Counsel for Immigration-Related Practices has been renamed the Immigrant and Employee Rights Section; and
  • The words “the end of” have been removed from the phrase “the first day of employment” in the description of the day on which the Form I-9 must be completed.

A few minor revisions have also been made to List C of the List of Acceptable Documents.

For now, employers can use the new or previous version of the I-9. Beginning September 17, 2017, however, employers must use the new version exclusively.

In and of themselves, these changes to the I-9 are relatively minor. What is important, however, is the fact that these revisions are only a small part of a pattern of systematic review of USCIS policies and a practice of increased enforcement under the Trump administration. The USCIS under Trump has publicly committed itself to increased enforcement across the board on immigration law, and there has been noticeably increased scrutiny of petitions for immigration law benefits. Therefore, it is more important than ever that employers comply with all immigration law requirements, including the seemingly minor changes to revised Form I-9.

If you have questions about the new I-9, or any aspect of immigration law, please contact the authors or a member of Miller Johnson’s Immigration practice.