The U.S. Citizenship and Immigration Services (USCIS) announced on November 26, 2007, that all employers must use the new version of Form I-9, Employment Eligibility Verifi cation, as of December 26, 2007. The newest version of the Form I-9 is reproduced below.
Employers must complete a Form I-9 for each new employee within the first three days of hire and must verify original documents presented by the new employee for completion of the form. After December 26, 2007, employers not using the new Form I-9 face civil penalties of $110 to $1,100 for each individual for whom the violation occurred.
The amended version of the Form I-9 contains the following changes:
- The date of the form is revised (Rev. 06/05/07).
- The new form amends the List of Acceptable Documents and specifi cally removes the following fi ve documents:
- Form I-151, Alien Registration Receipt Card;
- Form N-560 or N-570, Certifi cate of U.S. Citizenship;
- Form N-550 or N-570, Certifi cate of Naturalization;
- Form I-327, Unexpired Reentry Permit; and
- Form I-571, Unexpired Refugee Travel Document.
- One new document was added to List A—the most recent version of Form I-766, Employment Authorization Document—while all similar documents have been combined into one entry on List A.
- The description of one of the List A documents has been revised to more clearly describe what is required. A foreign national presenting an unexpired foreign passport must also provide “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.”
- The amended Form I-9 Instructions now indicate that the employee does not need to provide his or her Social Security number in Section 1 of the form unless the employer participates in the USCIS Electronic Employment Eligibility Verifi cation Program (E-Verify Program— formerly known as Basic Pilot Program).
The Form I-9 has been amended to ensure that it conforms with regulations promulgated in 1997. USCIS has also issued an updated, more complete “Handbook for Employers” (link to http://www.uscia.gov/files/nativedocuments/m-274.pdf). The new Handbook and Form I-9 may be found on the Vedder Price website (http://www.vedderprice.com).
Employers may wish to use the introduction of the new Form I-9 as an opportunity to provide I-9 compliance training to employees involved in the hiring and verifi cation process.