By: Bruce Buchanan, Sebelist Buchanan Law

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USCIS released a revised I-9 form on July 17, 2017. Employers will be able to use this revised version or continue using Form I-9 with a revision date of 11/14/16 N through September 17, 2017. On September 18, employers must use the revised form with a revision date of 07/17/17 N. As shown below, the changes to the I-9 form are not even on the form but rather in the Lists of Acceptable Documents and instructions. With these changes being so minor, one must question the necessity of issuing a new I-9 form.

Revisions related to the Lists of Acceptable Documents on Form I-9:

  • Adding the Consular Report of Birth Abroad (Form FS-240) to List C. Employers completing Form I-9 on a computer will be able to select Form FS-240 from the drop-down menus available in List C of Section 2 and Section 3. E-Verify users will also be able to select Form FS-240 when creating a case for an employee who has presented this document for Form I-9; and
  • Combining all the certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350 and Form FS-240) into selection 2 in List C.


Revisions to the Form I-9 instructions will include:

  • Changing the name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices to its new name, Immigrant and Employee Rights Section; and
  • Removing “the end of” from the phrase “the first day of employment.”


USCIS will include these changes in a revised Handbook for Employers: Guidance for Completing Form I-9 (M-274). It is unclear when this will occur. I will keep you advised.
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