Daily News Update, Dec. 3 2007

Employers must begin using new I-9 form by Dec. 26

U.S. Citizenship and Immigration Services (USCIS) announced in a Federal Register notice Nov. 26, 2007, that employers must transition to the revised Employment Eligibility Verification Form (I-9) not later than Dec. 26, 2007. All employers are required to complete a Form I-9 for each employee hired in the United States.

On Nov. 7, USCIS announced the availability of the revised version of Form I-9 (with Rev. 06/05/07N printed on the lower right corner of the form) , saying it is now the only version valid for use.

In that Nov. 7 announcement, USCIS explained that employers would have 30 days, beginning on the date the Federal Register notice was published, to transition to the revised form. Accordingly, effective Dec. 26, 2007, employers who fail to use the revised form will be subject to applicable penalties.

There are significant changes in the list of acceptable forms of proof of both identity and employment eligibility (List "A") which employers should note.

Authorization documents that are included as acceptable on the new List "A" are:

  • U.S. Passport (unexpired or expired);

  • Permanent Resident Card or Alien Registration Receipt Card (Form I-551);

  • Unexpired foreign passport with a temporary I-551 stamp;

  • Unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, or I-688B); and

  • Unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for nonimmigrant aliens authorized to work for a specific employer.

Several documents that were acceptable under the "old" I-9 Form are no longer acceptable and cannot be used. These include:

  • Certificate of U.S. Citizenship (Form N-560 or N-561);

  • Certificate of Naturalization (Form N-550 or N-570);

  • Alien Registration Receipt Card (Form I-151);

  • Unexpired Reentry Permit (Form I-327); and

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

Click here for a Fact Sheet on the new I-9 form.

 

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