Archive for April, 2009

New I-9 Form Required Effective April 3, 2009

April 5th, 2009

The U.S. Citizenship and Immigration Services (USCIS) amended the regulations governing the use of Form I-9 – Employment Eligibility Verification – at the end of last year.  The new regulations had an original compliance date of beginning February 2, 2009.  However, USCIS delayed the implementation of the new regulations until April 3, 2009.  These regulations apply to employees hired on or after the implementation date and for employees who require reverification on or after the implementation date.

Numerous changes and updates were made to the existing I-9 form.  Some of the most noteworthy changes include:

  • Expired documents are no longer acceptable for Form I-9 purposes. Employers may no longer accept expired U.S. passports or List B documents as proof of identity and/or employment authorization.
  • The Section 1 status boxes now include separate selections for U.S. nationals and U.S. citizens. Prior to this update, Form I-9 grouped U.S. nationals and U.S. citizens into one category. The new form now separates these individuals into separate categories. U.S. nationals are individuals born in American Samoa, certain former citizens of former Trust Territory of the Pacific Islands, and certain children of U.S. nationals born abroad.
  • Certain List A identity and authorization documentations have been eliminated. Forms I-688 (Temporary Resident Card), I-688A (Employment Authorization Card) and I-688B (Employment Authorization Card) have been eliminated from List A. These Forms are older employment authorization documents and are no longer issued.
  • Valid passports for certain individuals have been added to the List A evidence of identity and employment authorization. The final regulations add valid passports for citizens of the Federated States of Micronesia (FSM) and the Republic of the Marshall Islands (RMI), as well as Form I-94 and Form I-94A nonimmigrant admission under the Compact of Free Association between the U.S. and the FSM or RMI to the List A documents to prove identity and employment authorization.
  • Foreign passports containing certain machine-readable immigrant visas have been added to the List A evidence of identity and employment authorization. A temporary I-551 printed notation on a machine-readable immigrant visa in addition to the foreign passport with a temporary I-551 stamp has been added to the List of Acceptable Documents on List A.

The current Form I-9, dated 06/05/07 will no longer be valid for use on or after April 3, 2009.  The revised I-9 form can be found at: http://www.uscis.gov/files/form/i-9.pdf.

Please contact our office for more information about compliance with the new Form I-9 requirements or for any other employment or employee benefits matter.