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The new form is updated to provide changes to instructions and the list of acceptable documents. Among the changes are the following:
- The name of the Office of Special Counsel for Immigration-Related Unfair Employment Practices has been changed to Immigrant and Employee Rights Section.
- Documents on List C (documents that establish employment authorization), other than the social security card, have been renumbered. For example, the employment authorization document that is issued by the Department of Homeland Security is changed from selection C#8 to selection C#7 in List C.
- For online users, there is a new Consular Report of Birth Abroad form (Form FS-240) that is available from a drop-down menu.
- Those employers who use E-Verify can use Form FS-240 for employees who have presented that document as verification of eligibility.
- All birth certificates issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) are now covered by selection C#2 in List C.
Failure to use the updated form when required to do so could result in civil and even criminal penalties. In light of the current Administration’s vigorous enforcement of the immigration laws, it is important that all of our clients know of this change in I-9 requirements.