New I-9 Form And EEO-1 Report Update

Revised Form I-9 Now Available

USCIS released a revised version of Form I-9, Employment Eligibility Verification, on July 17, 2017. By September 18, 2017, employers must use the revised I-9 form with a revision date of 07/17/17N. Employers must continue following existing storage and retention rules for any previously completed Form I-9s.

The main changes to the I-9 form concern the List of Acceptable Documents:

(1) A Consular Report of Birth Abroad (Form FS-240) has been added 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 Sections 2 and 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.

(2) All certifications of report of birth issued by the Department of State (Form FS-545, Form DS-1350, and Form FS-240) are consolidated into selection C #2 in List C.

(3) USCIS renumbered all List C documents except the Social Security card.

EEO-1 Report Collection of Pay Data

On August 29, 2017, the Office of Management and Budget (“OMB”) issued a memorandum to the Equal Employment Opportunity Commission (“EEOC”) stating that it will review the new pay data reporting requirements on the revised EEO-1 form which were adopted by the EEOC in September 2016. The EEO-1 pay data reporting requirements are now stayed indefinitely.

The due date for the filing of EEO-1 reports including pay data was previously extended from September 30, 2017 to March 31, 2018. Although the OMB has now indefinitely stayed the reporting of pay data, covered employers (those with 100 or more employees, and those with 50 or more employees that are federal contractors) are still required to report “traditional” EEO-1 demographic data regarding their employees’ race, ethnicity and sex by March 31, 2018.