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Department of Homeland Security Issues

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The Department of Homeland Security (“DHS”) has issued another update to the Form I-9, Employment Eligibility Verification (“I-9 Form”). The new I-9 Form will become mandatory for employers to use with new hires and reverifications starting on September 18, 2017

DHS made three limited changes to the I-9 Form. The first updates the “List of Acceptable Documents” section of the form relating to the certification or report of birth documents issued by the U.S. Department of State. The second change is a modification of the description of when a new hire needs to complete Section 1 of the form. While the old version of the form stated that Section 1 should be completed “no later than the end of employee’s first day of employment,” the new version has deleted the “end of day” qualifier. The third change updates the name of the Department of Justice office tasked with enforcing the I-9 Form related anti-discrimination rules, which will now be referred to as the Immigrant and Employee Rights Section.

Although not required, employers should consider instructing their hiring managers or human resources departments to discard any blank I-9 Forms on hand with the revision date of 11/14/16 and replace them with the new version containing the revision date of 7/17/17 for use with all new hires going forward. There is no requirement to redo any existing I-9 Forms. However, if an employer must reverify an existing I-9 Form on or after September 18, 2017, the new I-9 Form should be used.

For more information on the topic discussed, contact Andrew W. Singer at singer@thsh.com,Stacey A. Usiak at usiak@thsh.com, or Jason B. Klimpl at klimpl@thsh.com.

*Special thank you to Joseph Lockinger for his contribution to the article.

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