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Form I-9 -- Revised Again!

By: Melissa Calhoon Jones

The USCIS has issued yet another revision to Form I-9, the form all employers must complete within 3 days of hire, to verify a new employee’s identity and eligibility to work in the United States.  The revisions include changes to the instructions and to the list of acceptable documents.  Employers may continue to use the current form (revision date 11/14/16 N) through September 17, 2017, or may start using the new version of the form now (revision date 7/17/17 N). 

Use of the new form with revision date 7/17/17 N is mandatory starting September 18, 2017.  The new form, as well as a newly updated Handbook for Employers (which contains valuable information about I-9 processing and acceptable documents), may be accessed at https://www.uscis.gov/i-9.  The revision number is located at the bottom of each page of the I-9.

Error in prior version of the most recent form:  As you know, in November 2016, USCIS released the first version of the I-9 that was designed to be completed on a computer rather than by hand.  USCIS has issued a notice stating that there was a “glitch” in the initial version of the fillable form that caused the digits in the employee’s social security number to be transposed when the form was completed on a computer and then printed.  According to USCIS, this glitch was caught and repaired on November 17, 2016.  Employers who complete I-9 forms on the computer should review any I-9s that have been completed since November 14, 2016, to verify that the employees’ social security numbers were printed correctly.

If you find transposed social security numbers, here is the fix:  Have the employee draw a line through the incorrect social security number, enter the correct number by hand, and initial and date the change.  (Only the employee may legally make this correction.)  Then attach a memo to the I-9 form stating the reason for the correction.  If you are still using the version of the form containing the glitch, download the current version of the form using the link above. 

Melissa Calhoon Jones, chair of the Labor and Employment Group, counsels companies on employment, labor, and immigration issues.  For more information about I-9 forms and other employment concerns, please contact Ms. Jones at 410.752.9765 or via email.

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