Changes to the I-9 Form Effective Immediately

As part of its continued efforts to "step-up" immigration-related measures, on November 7, 2007, the Citizenship and Immigration Services branch of the DHS launched a revised version of the Form I-9, which had not been updated since May 31, 2005.  The new Form I-9 can be used immediately, and the old Form is no longer valid after December 26, 2007.  The DHS also published a long-awaited revised M-274 Handbook for Employers, which had not been updated since November 21, 1991.

The changes to the new Form I-9 are as follows:

·  Social Security Numbers

Unless the employer participates in the DHS sponsored E-Verify program, new employees are no longer required to provide their Social Security Number in Section One of the Form I-9;

·  Five Documents Removed From List "A"

Effective immediately, the following documents are removed from List "A" of the Form I-9, and can no longer be relied upon to demonstrate identity or authorization to work in the U.S.:

·  Certificate of U.S. Citizenship

·  Certificate of Naturalization

·  Alien Registration Receipt Card

    (Form I-151)

·  Unexpired Reentry Permit

   (Form I-327)

·  Unexpired Refugee Travel 
   Docs (Form I-571)

· One Document Added to List "A"

Effective immediately, an Unexpired Employment Authorization Document (Form I-766) has been added to List "A", and can now be relied on to demonstrate both identity and authorization to work in the U.S.

·  Employment Authorization With  Photographs Added to List A

Effective immediately, all acceptable forms of employment authorization with photographs are now included as List "A" documents, and can now be relied on to demonstrate both identity and authorization to work in the U.S.:

·        Form I-688

·       Form I-688A

·       Form I-688B

·       Form I-766

·  Form I-9 Can Now Be Electronically Signed

Employers may now sign and retain Forms I-9 electronically.

·  Form I-9 Now In Spanish- Puerto Rico Only

The new Spanish version of Form I-9 may be filled out by employers and employees in Puerto Rico ONLY. Spanish-speaking employers and employees in the 50 states and other U.S. territories may use the Spanish version for reference, but may only complete the Form in English to meet employment eligibility verification requirements.  You may allow the employee to read the Spanish version to ensure comprehension, but the English version must be completed and kept on file.

No-Match Letters To Be Delayed As DHS Reformulates Its Controversial "Safe Harbor" Regulations Update

In October, we alerted you that the federal district court in San Francisco issued a preliminary injunction against the Department of Homeland Security, preventing the enforcement of its new "Safe Harbor" regulations.  Among other things, the injunction prohibits the mailing of no-match letter packets which include or reference the DHS guidance concerning the regulations.

This injunction did not, however, preclude the Social Security Administration from sending its traditional no-match letters.  However, on November 14, 2007, the SSA announced that in light of the lawsuit, it will not be issuing no-match letters until approximately Spring of 2008.