It seems like just yesterday the U.S. Citizenship and Immigration Services (USCIS) released an updated Form I-9. That’s because it’s true. OK well maybe not yesterday, but the latest update, released last week, is the second update in less than a year. The changes are subtle, but still require employers to use the new form.
Here’s what you need to know.
Changes to the form
The USCIS has changed the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name: Immigrant and Employee Rights Section.
They also removed the words “the end of” from the phrase “the first day of employment.”
Revisions to the list of acceptable documents
The Consular Report of Birth Abroad (Form FS-240) has been added to List C. If you’re filling out the Form I-9 online, you will be able to select this form from the dropdown menus. Using e-verify? You can also select Form FS-240 when creating a case for an employee who presents this document for Form I-9.
All the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) have been combined into selection C #2 in List C.
All List C documents except the Social Security card have been renumbered. Example: The employment authorization document issued by the Department of Homeland Security on List C has changed from List C #8 to List C #7.
What to do.
Employers can continue using the older version through Sept. 17. On Sept. 18, you must use the revised version. You’ll notice the revision date of 07/17/17 N at the bottom of the form. Storage and retention rules for any previously completed Forms I-9 remain the same. More details on that can be found here.
Penalties for noncompliance.
Just last year, the Immigration and Customs Enforcement (ICE) nearly doubled fines for violations with Forms I-9.
There is a $216 - $2,126 fine per Form I-9 paperwork violation. That’s an increase from $110 - $1,100.
For unlawful employment of unauthorized workers, the fine for the first offense increased to $539 - $4,313 per worker from $375 - $3,200.
For unfair immigration-related practices, specifically document abuse, the fine per individual increased to $110 - $1,110.
You can learn more about the fines and penalties by clicking here.
Where to find the latest form.
Right here! We’ve got it for you in our resources section. Click here to access our resources and choose the payroll forms tab.