On December 18, 2008, the
U.S. Citizenship and Immigration Services (USCIS) announced sweeping changes to the Form I-9 used in the employment verification
process. As a result, employers must begin using the new Form I-9
for all new hires and re-verifications occurring on or after
February 2, 2009.
NOTE: You do not need to complete a new Form I-9 for all employees - - only for new hires and re-verifications.
There are several changes to the new Form I-9 that affect which
documents an employer may accept in verifying or re-verifying an
employee's identity and authorization to work.
Recall, there are several categories of documents listed on the Form I-9:
1. So-called "List A" documents verify identity and employment authorization;
2. So-called "List B" documents only verify identity; and
3. So-called "List C" documents only verify employment authorization.
Changes were made to all three lists.
Documents Added to Form I-9
Three new documents have been added as acceptable "List A" documents to verify employment authorization and identity. They are:
1. The new U.S. Passport Card;
2. A foreign passport notation on a machine-readable immigrant visa that is pre-printed with a temporary I-551 notation (legal permanent residence status confirmation); and
3. A passport from the Federated States of Micronesia (FSM)
or the Republic of the Marshall Islands (RMI) with a valid Form I-94
demonstrating valid status pursuant to the try Compact of Free Association with the United States.
Documents Removed from Form I-9
Several documents have been removed from List A because they are no longer issued. These include:
1. Form I-688, Temporary Resident Card;
2. Form I-688A, Employment Authorization Card; and
3. Form I-688B, Employment Authorization Card.
4. The new rule also prohibits employers from accepting
any expired documents.
The USCIS's
Handbook for Employers, Instructions for Completing the Form I-9, will be
updated within the next few weeks, along with the new Form I-9. It is available online at
www.uscis.gov.
Remember, beginning February 2, 2009, all employers will be
required to use the revised Form I-9 for all new hires and to re-verify
any current employees with expiring work authorization documents.
Please call your contact at the Firm if you have any questions
about the new Form I-9 or wish to discuss your I-9 compliance issues in
general.
