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UNITED STATES – USCIS Releases New I-9 Form

, 18/07/2017

On 17 July 2017, the United States Citizenship and Immigration Services (USCIS) released a revised version of form I-9, as previously announced.

While the revisions and release were initially planned to accommodate the new final rule on parole for start-up entrepreneurs, which has been delayed, USCIS kept revisions to the Form I-9 on track.

Employers have until 17 September 2017 to incorporate the New Form I-9 into their onboarding processes.  Forms completed for new hires and reverifications on and after 18 September 2017 need to be on the new form.

What Is New?

Despite the delay in the effective date of the International Entrepreneur Rule (until 14 March 2018, from 17 July 2017), the Department of Homeland Security (DHS) is not delaying the effective date of a minor provision of the Rule that adds Form FS-240, Department of State (DOS) Consular Report of Birth Abroad to the List of Acceptable Documents for Form I-9, Employment Eligibility Verification.

This Form FS-240 is being added to the “List C” listing of acceptable documents for form I-9 verification purposes.  The Rule also revises the Form I-9 instructions to reflect this change in the List C acceptable documents.

What is the International Entrepreneur Rule?

The International Entrepreneur Rule was proposed under the Obama administration and, if enacted (the Trump administration placed a freeze on all new and pending regulations), would enable qualified founders of start-ups to temporarily stay and work in the US. Although the rule does not actually impart a specific immigration "status", these individuals would be legally authorized to work in the US under a provision referred to as "parole".

The previous Form I-9 did not contemplate workers in the US who have been admitted with such a "parole" provision, and therefore some slight modifications needed to be made.

What Is Form I-9?

Form I-9 is used to verify the identity and employment authorisation of individuals hired for employment in the United States. All US employers must ensure proper completion of Form I-9 for each individual they hire for employment in the United States.

Action Items

Employers of foreign nationals in the US should review Form I-9 procedures and compliance.