USCIS Revises Form I-9
The U.S. Citizenship and Immigration Services (USCIS) has revised Form I-9, Employment Eligibility Verification (Rev. 02/02/09). The revised form was scheduled to be effective on Feb. 2, 2009, but the effective date has been extended for 60 days. The new effective date is April 3, 2009.
On Jan. 30, 2009, the USCIS posted an update communicating that it delayed, by 60 days (until April 3, 2009), implementation of an interim final rule entitled "Documents Acceptable for Employment Eligibility Verification," published in the Federal Register on Dec. 17, 2008. The delay provides the Department of Homeland Security (DHS) with an opportunity for further consideration of the rule. It also extended the public comment period for 30 days, until March 4, 2009.
The revised Form I-9 is posted on the USCIS website. Employers must use the revised form on and after April 3, 2009. USCIS warns that employers that use the old Form I-9 may be subject to monetary penalties.
Just like the previous I-9 (Rev. 06/05/07), the updated form is used to verify and record the employment eligibility and identity documents presented to you by your employee. Employers should use the revised form for all new hires and reverifications, including citizens and noncitizens of the U.S.
The biggest difference in the revised Form I-9 is that all documents presented to you during the verification process must be unexpired. The USCIS updated the I-9 because it felt that expired documents may not portray a valid status and could also be prone to tampering and fraud. Note that if a valid document does not contain an expiration date (a Social Security card, for example), it is considered unexpired.
Updates to List A
The new Form I-9 also has several technical updates. Additions to List A (Documents that Establish Both Identity and Employment Authorization) on the List of Acceptable Documents include:
- A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp
- A passport from the Federated States of Micronesia (FSM) or the Republic of the Marshall Islands (RMI) with a valid Form I-94 or Form I-94A indicating nonimmigrant admission under the Compact of Free Association Between the United States and the FSM or RMI
Three documents have been removed from List A:
- Form I-688, Temporary Resident Card
- Form I-688A, Employment Authorization Card
- Form I-688B, Employment Authorization Card
Getting Form I-9
You can download the revised Form I-9 from www.uscis.gov/i-9. English and Spanish versions are available. If you need paper copies of Form I-9, call the USCIS at 1-800-870-3676.
Visit the USCIS website for additional information about the new Form I-9 and details about the delay.