Thursday, December 27, 2007

AMENDED I-9

EMPLOYERS NEED TO USE AMENDED I-9 FOR EMPLOYMENT VERIFICATION

On November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS) released an amended version of the Employment Eligibility Verification Form (I-9). USCIS recommended that employers begin using the new I-9 Form immediately for all persons hired, and to perform any required reverification of employment authorization for current employees or for rehired employees. [1]

The agency advises that it will not penalize employers who used the earlier 2005 version of the I-9 for a 30 day grace period which ended on December 26, 2007.

Employers are not required to update or replace any I-9 Forms that have been completed using a previous version of the form. Employers may download the amended I-9 from the USCIS website.

The new form updates the list of acceptable documents to remove the following documents as acceptable proof of both identity and employment authorization: Certificate of U.S. Citizenship (Form N-560 or N-561), Certificate of Naturalization (Form N-550 or N-570), Alien Registration Receipt Card (I-151), Unexpired Reentry Permit (Form I-327), and Unexpired Refugee Travel Document (Form I-571).  See I-9 List at page 4 .  The new form also clarifies that the employee is only required to provide his or her Social Security Number if the employer is participating in the USCIS Electronic Employment Eligibility Verification Program (E-Verify). The USCIS has also published a new version of the Handbook for Employers, M-274, which contains 47 pages of helpful advice and illustrations of proper use of the I-9. The Handbook also contains photocopying and electronic signing and retention requirements. 

 



[1] 72 Fed.Reg. 65974  (Nov.26, 2007).