DHS Requires Employers to Begin Using the New Form I-9 No Later Than 12/26/07

On 11/7/07, the Department of Homeland Security released a new Form I-9, the form employers must fill out for every new hire to verify identity and eligibility for employment in the United States under the Immigration Reform and Control Act of 1986 (IRCA). The new Form I-9 reduces the number of documents employers may accept from newly hired employees during the employment eligibility verification process.

The DHS expected employers to begin using the new Form I-9 for new hires and for any reverifications immediately upon release. However, to give employers time to transition to the new form, on 11/26/07 it announced a 30-day grace period during which no fines will be levied for using the previous version. This grace period ends 12/26/07.

After 12/26/07, noncompliance with these new Form I-9 requirements may result in hefty legal and financial consequences in the case of an audit, the risk of which has increased greatly due to the government's renewed emphasis on illegal immigration.

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DHS Requires Employers to Begin Using the New Form I-9 No Later Than 12/26/07

Form I-9 in a nutshell - What you need to know…

The U.S. Citizenship and Immigration Services (USCIS) issued a revised form I-9 on November 7, 2007. The most significant change to the form was a reduction in the number of documents that employees may present to establish their identity and work eligibility (also known as "List A" of the List of Acceptable Documents on the back of the Form I-9).

All new employees, including U.S. citizens, must verify work eligibility with a Form I-9 when they are hired. Completed forms do not need to be submitted to the government, but employers must hold on to them. Employers are required by law to keep on file a hard copy or electronic version of the Form I-9 for three years after the employee's date of hire or for one year after the date the employee leaves the company (whichever date is later).

The new acceptable List A documents are:

• U.S. passport (unexpired or expired)
• Permanent Resident Card or Alien Registration Receipt Card (Form I-551)
• An unexpired foreign passport with a temporary I-551 stamp
• An unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A or I-688B)
• An unexpired foreign passport with an unexpired Arrival-Departure Record, Form I-94, bearing the same name as the passport and containing an endorsement of the alien’s nonimmigrant status, if that status authorizes the alien to work for the employer

You can no longer accept:

• A Certificate of U.S. Citizenship (Form N-560 or N-561)
• A Certificate of Naturalization (Form N-550 or N-570)
• An Alien Registration Receipt Card (I-151)
• An unexpired Reentry Permit (Form I-327) or
• An unexpired Refugee Travel Document (Form I-571)

The new form must be used starting 11/7/07.

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Form I-9 in a nutshell - What you need to know…

Updated Form I-9 Q & A

The federal government has released the new Form I-9. Among the mandatory revisions, the new Form I-9 reduces the number of documents that employers can accept to confirm the identity and work eligibility of their employees. The new form must be used starting 11/7/07. The following are some common questions and answers regarding the Form I-9.

Q: What is the difference between the revised Form I-9 and the old one?

A: Five documents have been removed from List A of the List of Acceptable Documents:

• 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)
• Unexpired Refugee Travel Document (Form I-571)

One document was added to List A of the List of Acceptable Documents:

• Unexpired Employment Authorization Document (I-766)

All the Employment Authorization Documents with photographs that are in circulation are now included as one item on List A:

• I-688, I-688A, I-688B, I-766

Instructions regarding Section 1 of Form I-9 now indicate that the employee is not obliged to provide the Social Security Number in Section 1 of Form I-9, unless he or she is employed by an employer who participates in E-Verify. The section on Photocopying and Retaining Form I-9 now includes information about electronically signing and retaining I-9 forms.

The estimated reporting burden under the Paperwork Reduction Act has changed to reflect the latest estimates and, finally, the format, font, organization, and grammar of the text have been improved to make Form I-9 more readable and user-friendly.

Q: Can I accept documents that used to be on the Form I-9 but aren’t now?

A: No. Employers may only accept documents listed on the List of Acceptable Documents on Form I-9. When re-verifying employees, employers should ensure that they use the new Form I-9 with its updated list of acceptable documents.

Q: Are there any changes in the way the new Form I-9 is completed?

No. The updated form should be completed exactly the same way as the old one was. The only difference is the types of documents that employers may accept in Section 2.

Q: Is the Form I-9 available in different languages?

A: The Form I-9 is available in English and Spanish. However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S. territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and kept it in the employer’s records. Employees may also use or ask for a translator/preparer to assist them in completing the form.

Q: Are employers in Puerto Rico required to use the Spanish version of Form I-9?

A: No. Employers in Puerto Rico may use either the Spanish or the English version of the new Form I-9 to verify employees. Employers in Puerto Rico may not use the expired 1988 Spanish or English edition of Form I-9.

Q: What versions of Form I-9 are valid for use?

A: As of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. The revision date is printed on the lower right corner of the form and states “(Rev. 06/05/07)N”. All previous versions of Form I-9, in English or Spanish, are no longer valid. The 1988 version of Form I-9 in Spanish expired in 1991.

Q: When should employers begin using the version of Form I-9 marked with a revision date of “(Rev. 06/05/07)N”?

A: Employers must use the amended Form I-9 (Rev. 06/05/07)N for all individuals hired on or after November 7, 2007. However, DHS recognizes that employers should be afforded a period of time to transition to the amended Form I-9. DHS will publish a Notice in the Federal Register announcing that it will not seek penalties against an employer for using a previous version of the Form I-9 during a 30 day transition period that begins on date of publication of the Notice. After the transition period, employers who fail to use Form I-9 (Rev. 06/05/07)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C. 1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).

Q: Do I need to complete the new version of Form I-9 for all my employees or just the new ones?

A: Employers only need to complete the new version of Form I-9 (Rev. 06/05/07)N for new employees. Employers do not need to complete new forms for existing employees. However, employers must use the Form I-9 (Rev. 06/05/07)N when their employees require re-verification.

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Updated Form I-9 Q & A

New Form I-9 Just Released

The U.S. Citizenship and Immigration Services (USCIS) announced today that a revised Employment Eligibility Verification Form (better known as the Form I-9) is now available for use. All employers are required by law to complete a Form I-9 for each employee hired in the United States.

The new form is effective immediately, however, there will be a grace period for companies not yet in compliance.

The document was revised to reflect a reduction of the number of documents an employer can accept to confirm the identity and work eligibility of their employees.

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New Form I-9 Just Released