The Latest from USCIS: There’s a New I-9 in Town

August 1st, 2017 by

Wow, it seems as if we just received a new I-9 form, that’s because we did, just this past January a revised form was introduced and employers were instructed to begin using it by January 22, 2017.

As with any good thing, the use of that form has come to an end. On July 17, 2017 a new I-9 form was released, and employers may begin using the new form immediately, and must use it exclusively by September 18th.  The version with revision date 11/14/16 is acceptable through September 17, 2017.

 

 

What’s new on the form?

  • The Consular Report of Birth Abroad is added as an acceptable document on List C
  • All certifications of birth have been consolidated into one section, section #2, on List C
  • The consolidation of certifications of birth resulted in a change in the number order for List C
  • Section 2: added space for “Citizenship/Immigration Status” answer based on employees’ response in Section 1. For example, if employee indicates “A citizen of the United States” enter “1” in the space.

Since we’re discussing I-9s, here are a couple of interesting I-9 questions (with answers) I saw in a recent article.

Q: Must I reverify a female employee who changes her name upon getting married? What about a transgender employee who changes both name and gender?

A: You may, but are not required to, reverify an employee who has a name change. Since the form does not ask about gender, the same principle should apply to a transgender employee. One other interesting point about transgender employees: The “Other Names Used” field in the form has been changed to “Other Last Names Used” to avoid potential discrimination issues and provide increased privacy for transgender individuals and others who have changed their first names.

Q: I’m completing an internal I-9 audit and my predecessor collected copies of too many documents (e.g., an employment authorization document (EAD) and a driver’s license), but only recorded the required documents (e.g., the EAD). May I discard the extraneous documents?

A: This question resulted in a heated debate among my lawyer colleagues. Some took the position that the extraneous document(s) could simply be shredded because they arguably were not collected “in connection with” the I-9 process. A more conservative approach, with which I agree, suggests that, while the superfluous document(s) could be shredded, a memo should be made to the file to indicate that, while the document was collected in the course of completing the Form I-9, it was not used for the I-9 process and thus has been shredded.

At CAI we build engaged, well-managed, low-risk workplaces. If your company could use an HR partner, please contact us at 919-878-9222 or 336-668-7746 or learn more at CAI.

by: Andrea Breazeale-King, CAI HR Business Partner

 

source: Young, Becky.2017, Top 10 Q&As for Tough I-9 Issues, www.shrm.org

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