What happened?

On March 25, 2024, in response to public inquiries about the Form I-9 Lists of Acceptable Documents, USCIS is clarifying its guidance, so employers have an easier time being compliant.

What are the details?

For acceptable documents:

• Sample images of List C # 7 documents as well as information on acceptable documents are now easier to find on I-9 Central

Regarding the M-274 Handbook:

• Revised subsections are:
  • List A Documents That Establish Identity and Employment Authorization
    (Sections 13.1).
  • List B Documents That Establish Identity (Section 13.2).
  • List C Documents That Establish Employment Authorization (Section 13.3)

Business Considerations

• Employers should regularly check the USCIS website for updates to the M-274 Handbook and Form I-9 to stay updated.
• Employers should ensure key employees (like the HR personnel) are trained in the new revisions and understand how to properly complete Form I-9.
• Employers should pay special attention to List C #7 documents and ensure they are valid and acceptable.
• Employers should maintain accurate and up-to-date records of all I-9 forms for each employee. Having a backup, physical and digital, is a best practice too.
• Employers should ensure compliance with all federal regulations to avoid penalties and fines.
• Employers should consider consulting with an immigration attorney or expert to ensure compliance with the revised guidance.

Source References

• Employees may present one selection from List A or a combination of one selection from List B and one selection from List C. (Equifax Inc.)

Resources

• M-274, I-9 Central Guidance Revised to Increase Visibility of Certain Form I-9 Documents
• Form I-9 Acceptable Documents

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