Effective April 3, 2009, employers must use a revised Form I-9, also known as the Employment Eligibility Verification, to verify the identity and employment authorization of each person they hire for employment in the United States.
Employers should be sure to use the Form I-9 with a revision date in the lower right hand corner of 02/02/09. Employers who continue to use older versions of Form I-9 may be subject to penalties.
The most significant changes in the new form are:
- Only unexpired documents will be acceptable. For example, where an expired driver's license is currently acceptable as proof of identity, starting April 3, 2009, this will no longer be true.
- Several new documents have been added to List A (documents which prove identity and employment authorization) including passports issued by foreign countries containing certain machine readable immigrant visas and passports from the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI) along with Form I-94 or Form I-94A indicating nonimmigrant admission.
- Several documents have been eliminated from List A including Forms I-688, I-688A, and I-688B (obsolete versions of the Temporary Resident Card and the Employment Authorization Card).
Frequently Asked Questions:
Q. Are there any changes in the way the revised Form I-9 must be completed?
A. No, but employers must be mindful of the changes regarding acceptable documentation.
Q. Do employers need to complete the revised Form I-9 for all current employees?
A. No, employers only need to complete the revised Form I-9 for new employees or current employees who require reverification on or after April 3, 2009.
Q. Where can employers obtain a copy of the revised
Form I-9?
A. The revised Form I-9 can be downloaded from the U.S. Citizenship and Immigration Services website (www.uscis.gov). Paper copies of Form I-9 can be ordered by calling USCIS at
1-800-870-3676.
Please contact us with any questions or concerns you may have regarding this important issue.
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