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Legal Update

July 20, 2017

CLIENT ALERT: Employers Must Use Updated Form I-9 No Later than September 18, 2017 - By Gabriel Gladstone

On July 17, 2017, United States Citizenship and Immigration Services (“USCIS”) released a revised Employment Eligibility Verification Form I-9 for employer use. Employers should be familiar with this Form I-9 employment verification process, which has been in effect since 1986, requiring employers to complete and keep on file a Form I-9 for all employees hired in the United States. Employers must use the updated Form I-9, starting no later than September 18, 2017.

Among the changes, the Form I-9 reflects the name change of Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, the Immigrant and Employee Rights Section. The updated Form I-9 removes “the end of” from the phrase “the first day of employment.” The Consular Report of Birth Abroad (Form FS-240) was added to List C of acceptable documents, and certifications of report of birth issued by the Department of State were combined into selection C-2 in List C. As a result of these changes, List C was renumbered, except for the Social Security card, which remains C-1. The USCIS also updated its handbook for employers.

The revised form does not change an employer’s obligation to collect or retain Form I-9s.

Employers may download the updated Form I-9 (revision date 7/17/2017) from the USCIS website.

Employers should speak to their MBJ attorney to discuss any specific questions about the implementation of the new Form I-9, or about the employment eligibility verification process generally.

Gabriel S. Gladstone is an attorney with Morgan, Brown & Joy, LLP. Gabe may be reached at 617-523-6666 or at ggladstone@morganbrown.com. Morgan, Brown & Joy, LLP focuses exclusively on representing employers in employment and labor matters.

This alert was published on July 20, 2017.

This publication, which may be considered advertising under the ethical rules of certain jurisdictions, should not be construed as legal advice or a legal opinion on any specific facts or circumstances by Morgan, Brown & Joy, LLP and its attorneys. This newsletter is intended for general information purposes only and you should consult an attorney concerning any specific legal questions you may have.  

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