Effective September 18, 2017 employers must use a new and updated version of Form I-9, the Employment Eligibility Verification Document. The easiest way to identify the new form is by the date (07-17-17) noted in the bottom left corner.
Key points for employers include the following:
- The new I-9 must be used for any new employees hired on or after September 18, 2017. It is not necessary to complete the new form for any current employee.
- Using the wrong version of the form is considered a violation and could subject the employer to civil fines if Immigration and Customs Enforcement (“ICE”) conducts an I-9 inspection.
- As was the case previously the I-9 Form must be completed on the employee’s first day of employment. The Form now states it must be completed “no later than the employee’s first day of employment.” Previous instructions noted that the form had to be completed by “the end of” the first day of employment.
- The list of acceptable documents on Page 3 of the Form has been revised. There are changes to List C to include certain documents evidencing the birth abroad of an employee. These documents are Certificate of Report of Birth (Forms DS-1350 and FS-545) and the Consular Report of Birth Abroad (Form FS-240).
- The Handbook for Employers: Guidance for Completing Form I-9 Form (M-274) was updated in July 2017. This handbook is a great resource on completing I-9s, retention requirements, unlawful discrimination and other prohibited practices and use of the E-Verify system. You can obtain a copy of the handbook and the new I-9 Forms by visiting the website I-9 Central, which is the official website of the Department of Homeland Security.
Tennessee Employment Law 